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Agenda Packet 2010-04-27City Con e1*1 Tony Ferrara, Mayor /Chair Jim Guthrie, Mayor Pro Tem/Vice Chair Joe Costello, Council /Board Member Ed Arnold, Council /Board Member Chuck Fellows, Council /Board Member Steven Adams, City Manager Timothy J. Carmel , City Attorney Kelly Wetmore, City Clerk AGENDA SUMMARY CITY COUNCILIREDEVELOPMENT AGENCY MEETING TUESDAY, APRIL 27, 2010 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER 2. ROLL CALL 3. FLAG SALUTE 4. INVOCATION 7:00 P.M. COUNCIL /RDA CENTRAL COAST MASONIC LODGE #237 PASTOR ROBERT BANKER OPEN DOOR CHURCH 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Recognizing May 2010 as "Bike Month" 5.b. Mayor's Commendation Recognizing Angela Kraetsch, Administrative Services Director 6. 6a. Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived. AGENDA SUMMARY —APRIL 27, 2010 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: ♦ Direct City staff to assist or coordinate with you. ♦ A Council Member may state a desire to meet with you. ♦ It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: ♦ Comments should be limited to 3 minutes or less. ♦ Your comments should be directed to the Council as a whole and not directed to individual Council members. ♦ Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disbursement Ratification (KRAETSCH) Recommended Action: Ratify the listing of cash disbursements for the period April 1 2010 through April 15, 2010. 8.b. Consideration of Statement of Investment Deposits (KRAETSCH) Recommended Action: Receive and file the report of current investment deposits as of March 31, 2010. 8.c. Consideration of Adoation of a Resolution to Ratifv and Confirm the Citv's Election to Receive, and Continue to Receive, its Statutory Pass - Through Payments from the Arroyo Grande Redevelopment Agency Under Health & Safety Code Section 33607.5 (KRAETSCH) Recommended Action: Adopt a Resolution to ratify and confirm the City's election to receive, and continue to receive, its statutory pass- through payments from the Arroyo Grande Redevelopment Agency under Health & Safety Code Section 33607.5. 8.d. Consideration of Approval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Special City Council Meeting of March 29, 2010 and the Regular City Council /Redevelopment Agency Meeting of April 13, 2010, as submitted. AGENDA SUMMARY —APRIL 27, 2010 PAGE 3 8. CONSENT AGENDA (cont'd) 8.e. Consideration of First Amendment to Contract for Animal Services (ANNIBALI) Recommended Action: Approve the First Amendment to the Contract for Animal Services with the County of San Luis Obispo not to exceed the amount of $136,624 and authorize the Mayor to execute the Agreement. 8.f. Consideration of an Award of Contract to Granite Construction Company for Construction of the West Branch Resurfacing Project, PW 2008 -08. (McCLISH) Recommended Action: 1) Award a construction contract for the West Branch Street Resurfacing Project to Granite Construction Company in the amount of $820,764; and 2) Authorize the City Manager to approve change orders for 10% of the contract amount, $82,076, for unanticipated costs during the construction phase of the project. 8.g. Consideration of an Award of Contract to Ferravanti Grading & Paving for Construction of the Pearwood Avenue Rehabilitation Project, PW 2010 -03 (McCLISH) Recommended Action: 1) Award a contract for the Pearwood Avenue Rehabilitation Project to Ferravanti Grading & Paving in the amount of $98,860; and 2) Authorize the City Manager to approve change orders for 10% of the contract amount, $9,890, for unanticipated costs during the construction phase of the project. 8.h. Consideration to Adopt a Resolution Accepting Certain Improvements for Conditional Use Permit No. 06 -006 in Connection with the Lucia Mar Unified School District Stanley Avenue Project (McCLISH) Recommended Action: Adopt a Resolution accepting certain improvements for Conditional Use Permit 06 -006 located on Stanley Avenue, South of Huasna Road and release the bond guaranteeing the improvements. 8.i. Consideration of a Resolution Rescindina the Aaaroval of the Mitiaated Negative Declaration, Vesting Tentative Parcel Map Case No. 05 -001 and Minor Exception Case No. 05 -006 (605 Eman Court) (CARMEL) Recommended Action: Adopt a Resolution Rescinding the approval of the Mitigated Negative Declaration, Vesting Tentative Parcel Map Case No. 05 -001 and Minor Exception Case No. 05 -006 (605 Eman Court). 8.j. Consideration of a Resolution Approving a Third Side Letter of Agreement to the Service Employees International Union Local 620 Memorandum of Understanding (ADAMS) Recommended Action: 1) Adopt a Resolution approving a Third Side Letter of Agreement to the Service Employees International Union Local 620 Memorandum of Understanding; and 2) Authorize the City Manager to execute the Agreement. 8.k. Consideration of Acceatance of Easements and Aaaroval of Conservation Easement Aareement Between the Citv and the Countv of San Luis Obisao (McCLISH) Recommended Action: 1) Adopt a Resolution accepting a grant deed for the public facility property; 2) Adopt a Resolution accepting a quitclaim deed for a portion of Pecan Place; and 3) Approve the Conservation Easement Agreement between the City and the County. AGENDA SUMMARY —APRIL 27, 2010 PAGE 4 8. CONSENT AGENDA (cont'd) 8.1. Consideration of Revised Purchase and Sale and Improvement Agreement with NKT Commercial for Acquisition of Property at 300 East Branch Street and Sale and Development of City Property at 200 and 208 East Branch Street and the Admacent Parking Area (ADAMS) Recommended Action: Approve the revised Purchase and Sale and Improvement Agreement with NKT Commercial 9. PUBLIC HEARINGS: None. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of Request for Resignation of Council Member Arnold and Review of Recall and Replacement Process (ADAM S/CARM E L/WETM ORE) Recommended Action: Review information and provide staff direction. 11.b. Consideration of Greenhouse Gas Emissions Inventory Report for the City of Arroyo Grande (McCLISH) Recommended Action: Receive the presentation and Greenhouse Gas Inventory Report. 12. CITY COUNCIL REPORTS: This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments /San Luis Obispo Regional Transit Authority (SLOCOG /SLORTA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee (4) Other AGENDA SUMMARY —APRIL 27, 2010 PAGE 5 12. CITY COUNCIL REPORTS (cont'd): (b) MAYOR PRO TEM JIM GUTHRIE: (1) South County Area Transit (SCAT) (2) Community Action Partnership (3) California Joint Powers Insurance Authority (CJPIA) (4) Homeless Services Coordinating Council (HSOC) (5) Economic Vitality Corporation (EVC) (6) Tourism Committee (7) Other (c) COUNCIL MEMBER JOE COSTELLO: (1) Zone 3 Water Advisory Board (2) Air Pollution Control District (APCD) (3) Fire Oversight Committee (4) Other (d) COUNCIL MEMBER ED ARNOLD: (1) Other (e) COUNCIL MEMBER FELLOWS: (1) Integrated Waste Management Authority Board (IWMA) (3) County Water Resources Advisory Committee (WRAC) (4) Other 13. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and /or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. a) Request for City Council to direct staff to submit a letter to Caltrans requesting preparation of an Environmental Impact Report (EIR) regarding the proposed gap closure project at El Campo and Route 101 (FERRARA) 14. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and /or request direction from the Council. No formal action can be taken. None. 15. COUNCIL COMMUNICATIONS: Correspondence /Comments as presented by the City Council. AGENDA SUMMARY —APRIL 27, 2010 PAGE 6 16. STAFF COMMUNICATIONS Correspondence /Comments as presented by the City Manager. 17. COMMUNITY COMMENTS AND SUGGESTIONS This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 18. ADJOURNMENT * * * * * * * * * * * * * * * * * * * * * * * ** All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk's office, 214 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability - related modification or accommodation, contact the Legislative and Information Services Department at 805 - 473 -5414 as soon as possible and at least 48 hours prior to the meeting date. * * * * * * * * * * * * * * * * * * * * * * * ** This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can be accessed and downloaded from the City's website at www.arroyogrande.orq * * * * * * * * * * * * * * * * * * * * * * * * ** City Council /Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo Grande's Government Access Channel 20. The rebroadcast schedule is published at www.slo - span.org L I F 0RI PROCLAIMING MAY 2010 AS "BIKE MONTH" , AND MAY 17 - 21, 2010 AS "BIKE TO WORK AND SCHOOL WEEK" WHEREAS, , bicycle commuting is an effective means to reduce air pollution are conserve energy and promotes the "livability" of communities by reducing traffic, noise and congestion; and WHEREAS, many businesses, organizations and schools encourage and reward c ustomers, students and employees who commute by bicycle, by providing incentives and awards, lockers and showers, and other benefits; and WHEREAS, , bicycle transportation Is an integral part of the "'multi- modal" transportation systems planned by federal, state, regional, and local transportation agencies; and WHEREAS, Bike Month is a Baru Luis Obispo County -wide celebration of human powered transportation, which encourages people of all ages and abilities to ride bicycles to heir destinations; and WHEREAS, Bike Month promotions such as Bike to Work and School Week, Commuter Bike Challenge, and Safe Routes to School successfully encourages citizens to ride their bicycles, thereby reducing vehicular emissions In the county; and WHEREAS, "Life in the Bike Lane" Is the theme for 2010, an inclusive request to a ll types of cyclists, whether veteran or novice, commuter or recreational rider, to enjoy and celebrate the joys and benefits of bicycling in all its forms throughout San Luis Obispo County. NOW, THEREFORE, BE IT RESOLVED, that 1, Tory Ferrara, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby proclaim May 2010 as "Bike Month ", and May 17 - 21, 2010 as "Bike to Work and School Week" in the City of Arroyo Grande and encourage all citizens to ride bicycles to their destinations and support bicycle transportation. IN WITNESS EES 1 HERE F, I have hereunto set my hand and caused the Seal of the City of Arroyo Grande to be affixed this 27 day of April, 2010. TONY FERI AI AA, MAYOR INCORPORATED I 0 c M JULY IQ. 1911 � 1. I F IPt Agenda Item 5.a. Page 1 CITY OF THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 5.a. Page 2 � CITY AM a of mayor's Commendation Presentedto ,A ngeCa ray sc In Recognition an.�lppreciation of Yaur Receiving � the Government ,finance Officers .Association '"Distinguished Budget Presentation Awardif Th is award is the highest form of recognition in gcrvernmentaCbudgettong and re, presents a signi 'ant achievement for the City of .Arroyo Grande. Thank yaufor your commitment, dedication, and j7rofessionarum on behag"of the City. Datedthfs27tli clay of Ajwif2oio P RF�O Yp O� C 9 � INCORPORATED �Z V' T on ara, Mayor 'k c JULY 10, 1911 LrFOvk N Agenda Item 5.b. Page 1 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 5.b. Page 2 > ic� R � WCORPORAT -Ea Z EN" ; JIJLY 10. 1911 MEMORANDUM T: CITY COUNCIL FROM: ANGELA KRAETSCH, DIRECTOR O ADMINISTRATIVE SERVICES BY: FRANCES R. DEAD, ACCOUNTING SUPER IS SUBJECT: CONSIDERATION F DASH DISBURSEMENT RATIFICATION DATE: APRIL 27, 2010 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period April 1 through April 15, 2010. FINANCIAL. IMPACT. There is a $859,1 88.89 fiscal impact that includes the following items: • Accounts Payable Checks 144713 - 144981 $ 432,663.47 • Payroll Checks & Benefit Checks $ 426 BACKGROUND: Cash disbursements are made w eekly based o the submission of all required documents supporting the invoices submitted for payment. Prior to payment, Administrative Services staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal ipal Code and the City's Purchasing Policies and Procedures Manual of February 2000. AN O ISSUES: The attached listing represents the cash disbursements required o normal and usual operations during the period. The disbursements are accounted for in the FY 2009-10 budget. ALTERNATI The following alternative are provided for the Council's consideration: Approve staff's recommendation, 0 Do not approve staff's recommend Provide d i re t i n to staff. Agenda Item 8.a. Page 1 CITY COUNCIL CONSIDERATION OF CASH DISBURSEMENT RATIFICATION APRIL 27, 2010 PAGE 2 ADVANTAGES: • The Administrative Services Department monitors payment of invoices for accountability, accuracy and completeness using standards approved by the Council. • Invoices are paid in a timely manner to establish goodwill with merchants. • Discounts are taken where applicable. DISADVANTAGES; No disadvantages have been identified as long as City Council confirms all e are appropriate. ENVIRONMENTAL REVIEW: IEW: No environmental revie w is required for this item. PUBLIC NOTIFICATION AND COMMENTS: MEI TS: The Agenda was posted in front of City Hall on Thursday, April 22, 2010. The Agenda and report were posted on the City's website on Friday, April 23, 2010. No public comments were re Attachments: 1. April 1- Apri115 201 g — Accounts Payable Check Fegiter 2. April , 2010 — PayroII Check & Benefit Checks Reg ter Agenda Item 8.a. Page 2 im c� c� CL 0) M0 M t� c� 00 w� Page: 1 ATTACHMENT I p Hist Check History Listin 04/1912010 8:56AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status Clear/Void Date Invoice Inv. Date Amount Paid Check Total 14471 04/01/2010 006393 LUCIA MAR UNIFIED SCHOOL 0331 03/31/201 30.00 30.00 144714 04/01/2010 007762 A C & E SUPPORT T SER ICE AG1 - 493 03/24/2010 2,475.06 21475.00 144715 04101/2010 001259 AGP HIDED, INC 3821 03/04/2010 3,357.50 3 144716 04/0112010 006606 AH SIR BOUNCE A LOT 301 03/30/201 85.00 85.00 1 44717 04101/2010 001492 ALLSTAR FIRE EQUIPMENT, 142367 03/09/2010 769.24 1 42524 03122/201 43.50 752.4 1 44713 04/01/2010 005709 AMERICAN MESSAGING ACCT #L - 24571 03/1 5/2010 11.42 11.42 144719 04/01/2010 007752 AR GRANDE CAFE 032610 03/26/2010 47.00 47.66 144720 04/01/2016 006043 ARROYO GRANDE GLASS & 993 03/2612010 360.30 300.36 1 44721 D4/01 0 005507 AT & T 030710 03/07/2016 65.85 85.65 1 44722 D 4/01/201 0 066607 AT&T 1252291 03/211261 28.50 28.56 144723 04/61/2610 006322 AT &T GLOBAL SERVICES INC B 3 0 02126/2616 527.04 527.04 144724 04/01/2010 996133 BF GC ARCHITECTS 219991193 03/11/2616 27,288.00 27 144725 0410112010 004 150 BIG BROTHERS BIG SISTERS 01122010 01/12/2010 478.06 478.66 1 44726 04/01/2010 009078 BLUEPRINT EXPRESS 9216 03/29/201 27.19 27-19 144727 04/01/2010 669996 BRISCO MILL & LUMBER 144229 03/22/2010 6.61 8.61 144728 04/01/2010 000096 BURTON'S FIRE, INC. 61717 03/18/2016 84.38 84.38 144729 0410112010 999164 DA C NF O F ARSON 933119 03/31/2010 65.00 65.00 144730 04/01/2010 000134 DA ST DEPT OF JUSTICE 779869 03/04/2010 4,191,96 4191.00 1 44731 04/01/2010 006905 CAL COAST INSIGNIA 2010-008 83/14/2010 424.18 424.18 144732 0410112010 007085 CALP I TLAND 90958469 03/11/2010 460.21 460.21 144733 04/01/2010 007740 GLEN CAMPBELL 032210 03/22/2010 77.50 77.60 Page: 1 im CL ^ ice/ M0 rMIL M � M V 00 ice/ ap kHi t Check History Listing P age: 04119/2818 8:66AM CITY O F ARROYO GRANDE Bank code: boa Check Date Vender Statue Clear/Void Date Invoice Inv. Date Amount Paid Check Total 1 44734 04/01/2010 005601 MARY CANNON 032510 03/28!2010 80.00 80.00 144735 0410112010 007757 CAPSLO M.LEWIS MEM SHELTER 12131/2009 4,818.00 FORTY WONDERFUL 12/31/2009 984.00 EC SR HEALTH SC1N 12131/2009 732.00 TEEN ACAD. PARENTING 12131/2009 478.00 7,012.00 1 44736 04/01/2010 004548 CARM & N ACC A SHA, LLP 1 2957 04/01/2010 13,497.00 12958 04/0112010 1,558.40 15,055.40 144737 04/01/2010 000803 CAR QUEST AUTO PARTS 7314-398434 03/31/2010 187.01 187.01 144738 04/01/2010 003188 CELLULAR ONE 00603 0312912010 147.74 147.74 144730 04/01!2010 003988 CENTRAL COAST x21703 03/22/2010 445.00 445.00 144740 04/01/2010 001090 CHARTER 022810 02128/2010 221.98 221.98 144741 04/01/2010 006039 CHEVRON & TE CARD 23817890 03/06!2010 233.48 233.45 144742 04/01/2010 000164 CHRISTIAN SON CHEVROLET 72289 0310212010 870.87 72357 0310912010 384.84 72283 03103/2010 51.16 1,306-67 144743 0410112919 007728 SCOTT CRAZE 033110 03/31/2010 30.00 30.00 144744 04/01 12010 000198 L N CURTI S & SONS 118747400 03/16/2010 1,078.63 1,076-63 144745 04/9112010 000208 J E DEW AR, INC 724798 03/16/2010 72.08 724792 03/16/2010 34.29 106.35 144748 04/01/2010 007129 T E N GE R 033110 0313112010 183.00 163.0 144747 04101/2010 001525 FERGUSON ENTERPRISES, 597715 3/23/201 274.05 274.05 144748 04101/2010 000333 FIA CARD S ERVICES 3120 -0321 03/20/2010 1 3120 -8382 03/20/2010 1,173.00 3120 -6347 03/20/2010 447.22 3/20-1331 0312012010 87.82 3/20 -7845 03120/201 57.94 3120 -401 03/20/201 36-19 P Page: 3 apCkHist 04/1912010 8:6 AM Check History Listing CITY OF ARROYO GRAND Page: Bank coda: boa Check # Date Vendor statue ClearNoid Date Invoice Inv. Date Amount Paid Check Total 3/20 -9702 03/2012010 27.09 3120 -7837 03/2012010 15.19 3,074.65 144749 04/01/2010 000751 FIRE ENGINEERING IN 033110 03/31/2010 29.95 29.95 1 44750 04101/2019 000259 FOX LAMINATING COMPANY, 0309374 -IN 03/1012010 79.00 70.00 144751 0410112010 001252 GARVEY EQUIPMENT 168420 0211812010 977.56 977.66 1 44752 0410112010 007046 GENERATIONS OF AGPD 1 -10 03/08/2010 329, 329.1 144753 0410112010 000272 GI BS INTERNATIONAL 93935N 03/15/2010 39,09 30.09 1 44754 0410112010 000499 GRAND AWARDS, INC 2454 03/1212010 58.73 2488 03118/2010 28.11 86.84 144755 0410112010 006058 R DNEY GRAY 033110 03/3112010 60.00 60.09 144755 04/01/ 002358 GREAT WESTERN ALARM 100302323101 04/011291 28.00 10030051 3101 0410112010 28.00 10030071 101 0410112010 28.00 84.00 144757 0410112010 002405 CHICK HARE 033110 0313112910 44.00 44.00 144758 0410112010 004188 E D D I E HARRIS S 0 33110 0313112910 40.00 40.00 144759 04/0112010 000963 HARRY'S RADIATOR 001240 9312612019 860.58 860.58 144760 0410'/ 003770 1D - INTL CODE COUNCIL, 1195273 - IN 03/19/2010 91.29 91.29 144751 0410112010 002820 I ND F F, INC 1617573 0311612010 110.04 1611132 0310512010 39.79 149.83 144752 0410112010 000348 J W ENTERPRISES 234102 0312512010 101.38 101.33 144763 0410112010 000413 LAW OFFICES OF JONES & 50503 02/2812010 292.50 292.50 144764 0410112910 007299 GASTON KETTING OLIVIER 033110 03/3112010 100.09 100.90 c� 144785 0410112010 004845 JOHN LAR N 83 311 03/31/2010 80. 80.00 0 - 144765 04191/2010 005511 C HRISTOPHER LINTNER 033110 0313112010 110,00 110.00 c� 144767 0410112010 909393 LUCIA MAID UNIFIED SCHOOL 190624 03105/2010 292.35 M 00 CA iD Page: 3 Page: 4 apkHit 0 4119/2010 8: 6AM Check History Listing CITY OF ARROYO GRANDE Page: 4 Bank code: boa Check # Date Vendor Status Clear/Vold Date Invoice Inv. Date Amount Paid Check Total 1 00618 03/05/2910 138.45 100625 03105/2010 75.00 415.30 144758 04/9112010 000393 LUCIA MAR UNIFIED SCHOOL APPLICATION FEE 03130/2010 15.00 15.00 144759 04/01 /2010 007520 STEPHANIE MASTRO 033110 03/31/2010 33.00 33.00 1 44770 04101 12010 007760 O LIVIA M ILLER 0331 03/311201 472.50 472.50 144771 0410112010 000429 MINER'S ACE HARDWARE, K2906 0312912010 173.96 L07841 0312612010 152.22 L06535 03/16/2010 1 04.27 L06552 0311 97.84 K28738 031261201 91.32 K27640 0311 712010 86.91 L06125 0311312010 54.1 127531 03/1612010 3&01 K29054 0312912010 34.76 K27906 03/1912010 33.69 K27532 03/1612010 19.53 K2907 03/2912010 17.33 K27751 03118/2010 1 7.1 6 19874 01103/2010 16.28 K28304 03122/2010 15.29 K28268 0312212910 15.20 '28301 0312212019 14.13 K22373 9112812010 11.95 K28471 0312412010 1 0.86 K76127 01/07/2010 9.75 K28364 03/2312010 8.59 K28309 03122/2010 6.50 K25135 0212212010 5 D X61285 0210812010 1.96 1,038.96 t� 1 44772 0410112010 000430 MIRACLE REC EQUIPMENT 896135 0311612010 543.13 643.13 CL 0 144773 0410112010 906328 NICK'S TELECOM {CUBA} 3969 03108/2010 130.00 130.00 144774 0418112010 005987 NORMAN & VAS 030310 0310312010 1 1,483.90 M 00 MiD Page: 4 ap kH!st Check History Listing Page: 04/1912010 8: AM CITY OF ARROYO GRANDE Bank code: boa C heck 0 Date Vendor status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 144775 04/01/2010 007202 N LLP 358534 03105/2010 1 90.19 190.19 1 44770 04/01 00 F F I C EMAX -HSBC 7091 03/0512010 139.10 Page: 709374 03/05/2010 5.42 144.58 144777 04/0112010 000481 PACIFIC GAS & ELECTRIC 194097 03/19/2010 14,940.33 311 8 - 704689 03118/2010 80.73 3/19-1 54503 03/1 9/2010 49.04 1 5,070.10 144778 0410112910 007108 PARAMOUNT CLEANERS 3042 02128/2010 501.25 501.25 144779 04/0112010 004158 PHOENIX I GROUP 022010157 03/09/2010 119.50 110.50 144780 04/0112010 000498 PITNEY BOWES, INC 7147128 -MR10 03/13/2010 55.00 56.00 144781 0410112010 000503 POOR RICHARD'S PRESS, 209871 03109/2010 151.43 209910 0311 0/2010 85.80 237.23 144782 04101/2010 000596 POSTAL CONCEPTS 5402 0112512010 49.48 00310107 0111912010 35.58 0058921 1 211112009 1 2.50 00309894 02/0912010 9.28 106.94 144783 4/01/2010 002303 PRIMARY CARE DOG & CAT 70274 02/24/2010 45.55 45.55 144784 0410112010 000520 QUINN COMPANY PCO30185181 0311212010 632.64 03RO48102 0312312010 - 538.57 94.07 1 44788 04/01/2010 000523 R & T EMBROIDERY, INC 30259 02/23/2010 48.13 48.13 144785 04/01/2010 003031 ROBERTSON SUPPLY 8392 0311612010 397.75 8391 03/1612010 225.93 623.08 144787 0410112010 004833 STEVE ROMO ROM 033110 03/31/2010 132.00 132.00 D 144788 04/0112010 000530 GREG ROSE 033110 03131/2010 100.00 100.00 t� 144789 04/01/2010 000594 LAWRENCE RUC ER 033110 03/3112010 66.00 66.00 144790 04101/2010 093649 CHARLES D (DON) RUIZ 033110 03/31/2010 76.00 76.00 144791 04/011201 000538 S & L SAFETY PRODUCTS 428581 03118/2010 173.89 1 73.89 M 00 ft-4 0 Page: a./ H! t Check History Listing Page: 04/1912010 8: AM CITY OF ARROYO GRANDE Bank code. boa C heck # Date Vendor Status Clear/Void Da Invoice Inv. Data Amount Paid Check T 144792 04/0112010 006080 MARTINA SARMIENTO 0331 03/31/2010 80.00 80.00 144793 04/0112010 003024 MARK CHAFFER 033110 0313112010 80.00 80.00 144794 04/0112010 000552 SLO COUNTY FEB 2010 03104/2010 242.50 242.50 144795 04/0112010 000564 SLO COUNTY NEWSPAPERS 0807102 02113/2010 2626-50 im t� c� t� M 00 000 144798 04/0112010 000098 SLO COUNTY 144797 04/0112010 007748 E SMITH 144798 0410112010 004800 TAMMY SMITH 144799 04101/2010 007753 THOMAS SMITH 144800 041011201 000598 S NAP- O N TOOLS CORP 144801 04/01/2010 007229 DONALD SNYDEF 144802 04/0112010 007749 SALV SOT 144303 04101/2010 000609 BOB SPEAR 144804 04/01/2010 007761 SPIE S CONSTRUCTION CO 144805 04101/2010 007729 CRAIG STANDLEY 144808 04/0112010 000623 SUNSET NORTH TH CAFE WASH 144807 04/0112010 003276 TASER INTERNATIONAL NAL INC 144808 04101/2010 007754 TASK FORCE TIPS IN 0807750 087 1454 0872507 0870 8808959 6871384 � 686 755 CAS E 1002 - 00809 032210 033110 040110 195201 195030 194447 033'110 0331'0 033110 PW 2009 -1 033110 21 59 511183649 1072653 02/2812010 02/28/2010 02/20/2010 02112/2010 02128/2010 02128/2010 02/01/2010 02/28/2010 0312212010 03/3112010 04/01/2010 0312412010 0311712010 02/25/2010 03131/2010 03/3112010 03/3112010 04/01/201 03/31/2010 0212812010 11/20/2009 03/09/2010 289.85 173.99 148.75 1 135.06 118.83 94.52 40.00 105.00 70.00 1,250.00 108.70 108. 90.20 40.00 20.90 1 06.00 54, 527.68 60.00 95.35 880.82 333.31 3 } 734.04 40.00 105.09 70.00 1,250.00 305.92 40.00 20.90 10.00 54,527.68 60.90 95.85 880.82 333.31 Page: akHit Check History Listing Page: 7 04/19/2010 : 6AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status ClearNold Date Invoice Inv. Date Amount Paid Check Total 1 44809 04/01/2010 002904 TEMPLET ON UNIFORMS 36176 03/08/2010 19474 P 7 36274 03/12/2010 8.61 203.36 144310 04/01/2010 007699 TI E R RA WEST ADVISORS 11D FEB 2010 03/16/2010 2 2 1 04/01/2010 006054 TIMES PRESS RECORDER 030910 03/0912010 19.20 19.20 144812 04101/2010 005305 TODD ENGINEERS 46201 12 -09 01/08/2010 4 4 144313 04/01/2010 006551 UNITED STAFFING ASSOC. 068080 0312412010 1,053.20 1,053.20 144814 04/01/2010 000600 USA BLUE BOOK 115036 03/24/2010 310.41 310.4" 14481 04/01/2010 007759 DIANE VELA 032210 03/22/2010 250.00 250.00 144316 0410112010 002137 VERIZON WIRELESS 0849153425 0310412010 622.30 622.30 144817 04/01/2010 000687 1IAYN E' S TIRE, INC 247 809 03/05/2010 1 t 945.69 1,945.69 14481 04/01 /2010 007295 WEST GOVERNMENT AB000206 777 02128/2010 180.00 180.00 144819 04/01/2010 000696 STEVE WHITNEY 258425 0312312010 262.29 262.29 144820 0410112010 000704 WITMER - TYSON IMPORTS T7788 -A 02/22/2010 9 T7847 03/06/2010 3,000.00 T779 03/03/2010 698.13 12,841.88 144821 0410112010 004897 WOOD RODGERS INC 71913 08110/2010 7 71612 01/10/2010 146.83 7,470.83 144822 04/01/2010 007758 NATHANIEL YBARRA 030910 08!2912010 406.00 406.00 144823 04101/2010 007758 SCI ,JUAN ZHANG 032910 0312912010 38.00 35.00 144824 04/01/2010 001876 KAREN SISKO 040110 04/01/201 553.07 558. > 144825 04/01/2010 007763 MISSION BUILDING MAINT & 3826 03/2012010 286.00 286.00 1 44826 04/0112010 005305 TODD ENGINEERS 462021-10 0210812010 5 CL 0 46202 0310212010 5,829.27 11,731.56 rok c� 144827 04/0212010 007764 HARRIS ARCHITECTURE & 03152010 04/0212010 2,800.00 2 M 00 w iD P 7 Page: 8 apCkHist Check History Listing Pag 04/19/2010 8: AM CITY OF ARROYO GRANDE Bank code: boa C heck # Date Vendor status ClearNoid Date Invoice Inv. Date Amount Paid Ch Total 144830 04/12/2010 000548 SLOCO DATA, INC 1 540 04109/2010 2,400.00 2,4 0.00 144831 04112/2010 006 ALLIANC READY MIX, IN C 10842 03125/2010 598.95 10833 03/24/2010 524.13 1,123.08 144832 04/12/2010 007241 ANIMAL SERVICES JAN -MAR 2010 02/18/2010 33,378.75 33 1 44833 04/1212010 006607 AT&T 1257053 03/25/201 869.12 1 257058 03/25/2010 185.32 1257055 03125/2010 88.44 1257049 03/25!2010 87.18 1 252290 03/22/2010 29.24 1 144834 0411212010 000099 BRISCO //HILL & LUMBER 144346 04/0112019 28.26 28.26 144835 0411212010 007304 BURKE, WILLIAMS & 13501 03/2512010 2 2,018.13 144838 04/12/2010 000114 DA PEACE OFFICERS ASSN 1320927 04/0112010 470.09 1 164584 01/20/2010 30.07 890.07 1 44837 04/12/2018 000803 CARQU EST AUTO PARTS 7314- 399530 04/0412010 18.97 16.97 144838 04/12/2010 000180 CHAPARRAL 315851 03/31/2010 211.51 211.51 144839 0411212810 003580 COAST RADIOLOGY 33203 02/04/2910 30.00 30.09 144840 04/12/2010 007488 COAST RI DERS 3/29/2010 03/29/2010 122.43 0313012010 93130!2010 122.43 244.86 144841 04/1212010 003570 COASTAL SAN LUIS 1 1213112009 1,089.00 1,080.90 144842 0411212010 00728 C YNDI CORNETT 041210 04/1212010 30.09 39.09 1.44843 04/121201 007548 CSG SYSTEMS I NC 63502 0 3/19/2010 1 ,312-73 63634 0312612916 504.30 1 D c� 144844 04/12/2010 005091 JOHN DEERE LANDSCAPES APES 55543058 0311812010 49.23 49.23 144845 04/12/2016 006848 DNB INDUSTRIAL SUPPLY 399617 04/05/2010 90.09 90.09 144846 D4/12/2010 001525 FERGUSON ENTERPRISES, 5985962 03/25/2010 1 1,355.03 �F '144347 0411212019 006833 FORD M CREDIT APRIL 23 2010 04/01/2010 11,248.97 '11,248.97 o� Page: 8 p kH!st Check History Listing 51 3787793001 03124/2010 Page: 04119/2010 : 6AM CITY OF ARROYO GRANDE 0411212010 007108 PARAMOUNT CLEANERS 3086 04101/2010 Bank code: boa 357.75 144858 0411212016 060563 POOR RICHARD'S HARD'S PRESS, Check # Date Vendor Status Clear/Vold Date Invoice Inv. Date Amount Paid Check Total 144343 04/12/2010 007772 CHRIS FOUQUET 041210 04/12/2010 30.00 30.00 144849 0411212010 060263 FRA EE INDUSTRIES INC 127665 03119/2010 1 t 6 2.53 1 144850 0411212010 000272 GIEBS INTERNATIONAL 94092 0312612010 450.61 450.61 144851 0411212010 002313 GRAINGER, INC 9213354112 03124/2010 367.29 367.29 144852 0411212010 000288 CITY OF GROVER BEACH 040310 0410312010 126.25 126.25 144853 0411212010 006644 IRON MOUNTAIN BPR2262 0313112010 152.00 152.00 144554 04/1212010 005265 KIDZ KID LOVE SOCCER (D HINTER 2010 0410512010 1 1,036.00 144855 0411212010 006328 NICK'S 1 "S TELECOh DBA 3999 04195/2010 75.00 75.90 144856 0411212010 000468 OFFICE DEPOT 513457505001 0312212010 6078 275.12 Page: 9 51 3787793001 03124/2010 8.35 69.13 144857 0411212010 007108 PARAMOUNT CLEANERS 3086 04101/2010 357.75 357.75 144858 0411212016 060563 POOR RICHARD'S HARD'S PRESS, 210442 03130/2010 544.34 210514 03/3112010 147.57 692.41 144350 04112/2010 000520 QUINN COMPANY 30185427 03119/2910 123.20 301 85519 03/23/2010 22.06 30185470 03/2212010 8.63 153.33 144860 04/12/2010 000523 R & T EMBROIDERY, INC 36133 01/25/2010 72.48 72.43 144551 04/1212010 002670 I ICOH LEASING G 135755 63/29!2616 157.45 157.45 144562 0411212010 000598 SNAP-ON TOOLS CORP 195495 0313112010 141.36 195262 03/24/2010 133.76 275.12 144863 0411212010 000602 SOUTH SLO COUNT' SANIT 3/3112010 03/31/2010 102,295.49 102 D 144864 0411212010 007176 SPRINKLER KING INC 16943 03/12/2010 1 1 144555 04/1212010 006616 STERLING 25356 02/16/2010 365.63 25418 03123/2010 171.33 537.46 144366 0411212010 060620 STREATOR PIPE SUPPLY 5114917 .001 03/18/2010 175.74 175.74 F0 Page: 9 apDkH!st C he c k History Listing 1 040260 03131/2010 P 10 0411912010 :5 AM CITY OF ARROYO GRANDE 04/1212010 007059 TRAINING FOR SAFETY INC 041210 04112/2010 Bank code: boa 266.00 144871 04/1212010 007059 TRAILING FOR SAFETY INC Check # Date Vendor Status ClearNoid Gate Invoice Inv. Date Amount Paid Check Total 144667 04/12/2010 000624 SUPERIOR QUALITY 36766 03/12/2010 239.25 239.25 144666 04/12/2010 002904 TE1I PLETON UNIFORMS 36766 04/06/2010 74.64 74.64 144869 04/12/2010 002370 TITAN INDUSTRIAL 1040152 03/24/2010 79,22 69.76 Pare: 10 1 040260 03131/2010 1 0.66 69.38 144870 04/1212010 007059 TRAINING FOR SAFETY INC 041210 04112/2010 285.00 266.00 144871 04/1212010 007059 TRAILING FOR SAFETY INC 0412 04112/2010 285.00 265.00 144872 0411212010 006551 UNITED STAFFING ASSOC. 068215 03131/2010 829.40 829.40 1 44873 04/1212010 000677 PE GY VALKO 3131/2010 03131/2010 195.20 195.20 1 44074 04/1212010 002137 VERIZON WIRELESS 0854996863 03122/2010 69.76 69.76 1 44875 04/1212010 007756 LOU ACOSTA R fO0010'17 2 03/30/2010 144.19 144.1 1 44876 0411212010 007766 STEVEN COOPER RfO001 0201 04/05/2010 1 4.62 1 4.62 1 44877 94/1212010 007770 ELEANOR H BES R fO00 192921 0410712010 37.09 37.09 144878 04112/2010 007765 CONSTANCE LAMANITA R f00O102O16 04/0512010 64.46 64.46 144879 0411 2/2010 007768 LORA SHOFFSTALL R f0OO1020'19 04/0512010 60.01 60.01 144880 04/1212010 007767 PETER & SHERI SWEEP EY R fO001O 01 0410512010 42.50 42.60 144881 04/12/2010 007771 HOPE WHITEHEAD R fO00102022 0410612010 3.24 3.24 144882 0411212010 007769 G ENEVIEVE YAIADA RfO001002 0 04/05/2010 95.69 95.59 144883 04112/2010 007773 ARROYO GRANDE HEAT CO 04071 04107/2010 5 5,000.00 144804 04112./2010 000125 CA ST DEPT O 033110 9313112010 113.05 113.05 D t� 144885 04/12/201O 000144 VICKIE CARDOZA 04121 0411212010 184.72 184.72 c� 1 44886 04112/2010 005186 NA# PEN N OC K 040110 04/0112010 21 9.00 219.00 CL 0 144887 04114/2010 002363 INTL FOTPRINTERS ASSN 04141 04/1412010 225.00 225.00 144904 0411512010 007790 CASSIE ARNOLD 641310 0411312010 65.00 65.00 �F N 0 Pare: 10 Page: 1'1 ap kHi t Check History Listing Page: 11 0411912010 8:66AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status Clear/Vold Dante Invoice Inv. Date Amount Paid Check Total 1 44905 04/15/2910 006607 AT 1 257054 03/25/2010 1,759.46 000901257050 03/25/2010 29.47 1257943 03/2512010 15.28 000001257051 93/25/2910 14.42 1,81 8.63 144906 0411512010 091055 AVCO FIRE EXTINGUISHER 002418 94/0812010 20.09 29.09 144907 0411512010 007774 VANESSA A 040510 04/0512910 30.00 39.90 144903 04/15/2010 000055 B & T SVC STN 1 0947 031251201 2 2 144909 04/1512010 000056 BACKYARD IMPROVEMENT 2909 -994 03123/2919 43.15 2009 -000 03/18/2010 1 8.49 61.64 144910 0411 512010 000005 BRENDA BARROW 041219 04112/2010 028.36 828.36 1449 04/1512910 007775 KALI B TITA 04051 04/0512010 30.90 30.00 1 041151201 000078 BLUEPRINT EXPRESS 9271 04/0512010 345.61 9095 0311712010 45.74 391.35 144913 0411512910 000090 BRISCO MILL & LUMBER 144215 93/2212910 25.97 25.87 144914 9411512010 000090 BURTON'S FIRE, INC. 01711 93/3112010 326.31 329,31 144915 0411512019 00 123 CA ST BOARD OF 33119 03/3112019 374.17 374.17 144910 0411512010 007177 CALIFORNIA BUILDING 33110 93/3112019 52.29 52.29 1 04/1 512010 003775 CALIFORNIA J PIA 6255 04/01/2010 59.09 50.00 1 44918 04115/2010 009903 CAR QUEST EST AUT PARTS 7314 - 396274 03122/2010 47.19 7314 - 398780 04101/2010 4.74 51.93 144919 0411512019 097741 ALEJANDRA CASTILLO 040510 0410512910 70.00 70.00 144920 04/1512010 007779 SHAWNA CHAVEZ 040510 94/0512010 30.00 39.99 c� CL 144921 04/15/2010 007728 SCOTT CRAI 041310 04/1312019 39.00 30.90 0 144922 04/1512010 090195 CRYSTAL SPRINGS HATER 14273 03/31/2010 45.70 70931 04/01/2010 29.75 00 411 -93949 04/01/2010 21.35 w� Page: 1'1 Page: 1 ap NCH i t 0411 12010 8:66AM Check History L i tin CITY OF ARROYO GRANDE Pa 12 Bali code. boa C heck # Date Vendor Statue Clear/Vold Date Invoice Inv, Date Amount Paid Check Total 0313 03/3112010 10.95 107.75 144923 0411512010 007721 BRIANNE D NAH U E 040310 04/0812010 336.00 336.00 1 44924 O4/1512010 007777 SUSAN EATON 040510 04/0512010 30.00 30.00 144925 O4/1512010 007 TERRY ENDER 04131 04113/2010 143.00 1 43.00 144925 04/15/2010 001053 TONY I 1 FERRARA 041410 04114/2010 322.90 041210 04/1 212010 212-00 534.00 144927 0411512010 002209 FIRE PROTECTION 532583 04107/2010 93.75 93.75 144928 04115/2010 000202 FRANK'S L & KEY 30354 04/0912010 00.00 30294 03/23/2010 18.49 78.49 144929 0411512010 007787 ANA GARDIA 041310 04/1312010 30.00 30.00 144930 0411812010 004372 DARING TAYLOR & 10430 03131/2010 50.00 50.00 144931 04115/2010 000605 THE GAS COMPANY 4/5 - 140 0410512010 314.94 415 - 04/05/2010 78.72 4l7 - 214 04107/2010 72.08 417 - 200 04107/2010 53.88 417 -200 04/07/2010 42.55 417 -21 04107/2010 32.73 592.67 144932 0411512010 002405 CHUCK HARE 041310 04113/2010 44.00 44.00 144933 0411512010 0041 EDDIE HARRIS 041310 04/1312010 20.00 20.00 144934 04/1512010 007788 HARVEST CHURCH 041310 0411312010 30.00 30.00 144935 0411512010 008902 JESSIE S JAG NASE 031810 03/1812010 400,00 400.00 144938 04115/2010 005201 JAS PACIFIC INC 61 103402 04/0212010 5,520.00 5 D c� 144937 0411 512010 001709 ERIK JENSEN 041410 04114/2010 130.27 186.27 CL 144933 0411 512010 003949 KERN'S PAPER 28391 03/22/2010 475.4 28502 03/3012010 326.96 28429 0311912010 280.28 1,082.67 c� �F Page: 1 ap kH!st Check History Listing Page: 04/19/2010 :5 AM CITY OF ARROYO GRANDE Banc code: boa C heck # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total D t� c� CL 0 U3 c� �F 144939 0411512010 007299 GAST N KETTING O 144940 0411512010 007779 ELIZABETH KEY 1 4494 1 04/15/2010 007778 BETTY KIGE 144942 0411512010 007531 CINDY KULL /IAN 1 4494 3 04/1512010 004015 DAN LAN GSTAFF 1 44944 0411512010 007780 LAA 144945 0411512010 004845 .JOHN LARS N 144940 0411512010 005511 CHRISTOPHER L1NT1E 144947 0411512010 007781 ,DOE L 144948 04/15/2010 000393 LUCIA MAR MINIFIED SCHOOL 144949 04/1512010 000393 LUCIA MAID MINIFIED SCHOOL 144950 04/1512010 007782 MAD SCIENCE O SAN LUIS 144951 04/15/2010 007520 STEPHANIE MASTF 144952 04/15/2010 004292 KATHY MENDOZA 144953 04/15/2010 000429 MINER'S ACE HARDWARE, 041310 040510 040810 040910 041410 041510 041310 041310 040510 040110 100720 100708 041210 041310 040910 L0839 K29723 K29207 2911 K2997 K29146 K2920 K29305 K29148 L08640 K2981 K29751 0411 3/2010 04105/2010 04/08/2010 04/09/2010 04114/2010 04/1 512010 04/1312010 04/1312010 04/0512010 0410112010 03129/2010 0312912010 04/12/2010 04/1312010 04/0912010 03/3012010 04/0512010 0313112010 03/29/2010 0410112010 0313012010 03/31/2010 04/01/2010 0313012010 04/01/2010 04/0612010 04/05/2010 120.00 30.00 1 50.00 951.00 295.99 150.00 140.00 90.00 220.90 500.00 484.58 117.15 552.50 33.00 90.00 104.27 60.53 50.00 43.43 29.33 28.60 25.00 23.90 22.80 1 9.55 19.44 18.48 1 20.00 30.00 1 50.00 951.00 296.99 150.00 140.00 90.00 220.00 500.00 0'1.73 552.50 33.00 90.00 Page: 13 D c� c� CL 0) c� � �, �0) ap kHi t Check History Listing P 14 04119/2010 : 6AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Statue ClearNoid Date Invoice Inv. Date Amount Paid Check Total K28799 03126/2010 15.20 L0811 03/29/2010 14.66 K29366 04/01/2010 13.42 K29254 03/31/2010 12.14 K2859 03125/2010 9.75 L09592 04109/2010 5.96 L20234 03130/2010 4.33 K29784 04/05/2010 3.80 L09466 04/0812010 3.25 K29748 04105/2010 2.61 K29317 04/01/2010 -16.30 514.40 144954 04/1 5/2010 007783 ZOA MUSICK 040510 041051201 30.0 30.00 144955 04115/2010 007054 N COAST 32726 03125/2010 11 1 521.90 11 ,521.90 144956 04/1512019 006076 C HAR L E N E P E H 04 051 04/05/2010 30.00 30.00 144957 04/15/2010 000402 PETTY CASH 04 0411512010 152.91 152.91 144958 04115/2010 000503 POOR RICHARD'S PRESS, 210443 0313012010 671.65 210296 03/24/2010 524.61 21 0332 03/25/2010 61.99 1, 256.25 144959 04/15/2010 007789 ANTONIO R BLES 041310 04113/2010 30.00 30.00 144900 04/102010 007791 NINA R 04131 04/13/2010 105.00 105.00 144951 0411512010 007784 JESSICA RODRIGUEZ 040510 04/05/2010 280.00 280.00 144902 04115/2010 004833 STEVE ROMO ROM 041310 04/13/2010 77.00 77.00 144963 0411512010 000536 GREG ROSE 041310 0411312010 135.00 135.00 144964 04/15/2010 006021 BLAKE R S ELLEY 041310 04/1312010 110.00 110.00 144965 0411 012010 006594 LAWRENCE RU KER 041310 04/13/2010 1 32.00 132.00 144966 04115/2010 003649 CHARLES D (DON) RUIZ 041310 04113/2010 146.00 146.00 144967 0411512010 002932 RUTAN & TUCKER, LLP 579124 0311912010 799.50 579130 03/1912010 526.50 1 Page: 14 pCkHist Check History Listing Page: 1 04/1912010 8:56AM CITY OF ARROYO GRANDE Bank code. b oa Check # Date Vendor Status Clear/Vold Date Invoice Inv. Date Amount Paid Check Total 1 44968 4411512010 006080 MA TINA SARMI 041314 4411312414 130.00 134.44 1 44969 0411512010 003024 MARK SCHAFFER 041 310 4411312414 124.44 120.00 144970 04/1512010 007792 TIM SH F IDAN 041 310 04/1312010 34.04 80.00 144971 0411512010 007785 PHIL SIEMS 040310 4414812414 325.44 325.04 144972 0411512014 007373 FLORI S J STEDT 044516 4411512010 30.00 34.00 144973 9411512014 000553 SLO COUNTY NTY 941516 04/1512414 25.44 25.04 144974 0411512014 004860 TAMMY Y SMITH 9413 4411312414 34.44 84.04 144975 04/1512014 997229 DONALD SNYDER 041316 4411312414 244.44 244.44 144976 0411512014 007749 S ALVAD O R S 041316 4411 812414 44.60 44.44 144977 041151201 9971 S PRINKLER FLI INC 04071 0410712414 344. 344.00 144978 04/1 512014 000644 TOWN & COUNTRY FENCING PIN 2010 -04 4411412014 2,204.84 2,204.84 144979 0411 512010 002609 WATER BOYS Y PLUMBING 04071 4410712014 3,037.38 3 144980 0411512014 047339 WOESTE ELECTRIC INC P 112003 -46 04/1512414 1 0,265.67 14 144981 4411512414 067746 SUZANNE YORK 04051 4414512014 34.44 34.44 boa Total: 432,553.47 251 checks in this report Total Checks: 432,663.47 D c� c� CL 0 U3 c� �F ft-4 0 Page: 15 ATTACHMENT CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 3/19!201 - 41112010 04109110 FUND 919 380 1 295.70 5191 salaries Full time 296 FUND 220 16 5162 Salaries Part - Time - PPT 23,593.38 FUND 226 1 5103 Salaries Part -Time - TPT 14 FUND 284 1 5105 Salaries OverTime 8,947.49 FUND 285 1 5197 Salaries Standby 355.50 FUND 612 6278.52 5108 Holiday Pay 8,472.76 FUND 640 19 5109 Sick Pay 5 426 5119 Annual Leave Buyback - 111 Vacation Buyback 1,674.34 112 Sick Leave Buyback - 113 Vacation Pay 409.97 5114 Comp Pay 3,476.13 5115 Annual Leave Pay 991.43 5121 PERS Retirement 73,791.46 5122 Social Security 199532.48 5123 PARS Retirement 522,1 5126 State Disability Ins. 1 5127 Deferred Compensation 736.69 6131 Health Insurance 44 5132 Dental Insurance 4,811.86 6133 Vision Insurance 1,10 .68 6134 Life I nu ranee 5 34.01 5135 Long Terra Disability - 143 Uniform Allowance - 5144 Car Allowance 675.00 5146 Council Expense - 147 Employee Assistance - 143 Boot Allowance - 1 9 Motor Pay 150.00 5150 Bi- Lingual Pay 125.96 5151 Cell Phone Allowance 327-50 426, 625.42 Agenda Item 8.a. Page 18 OF, pAROY6 IF 4� ` I NCORPORATED JUL ,o. 1 9 11 Of t MEMORANDUM T: CITY COUNCIL FROM: ANGELA Ir RAETSCH, DIRECTOR F ADMINISTRATIVE SERVICE t-0-1 Y: MICHELLE MAYFIELD, TREASURER 9A4 SUBJECT: CONSIDERATION O STATEMENT OF INVESTMENT DEPOSITS DATE, APRIL 27, 201 RECOMMENDATION: It Is recommended the City Council receive and file the attached report listing the c urrent investment deposits of the City o Arroyo Grande, as of March 31 2010, as required by Government Code Section 3b. FINANCIAL IMPACT: There is no funding impact to the C related to this report. However, the City does receive interest revenue based on the interest rate of the investment(s). BACKGROUND This report represents the City's investments as of March 31, 201 It includes all investments managed by the City, the investment institution, investment type, bock value, maturity date, and rate of interest. As of March 31 the investment portfolio was in co mpliance with all Mate lavers and the City's investment policy. ANALYSIS O ISSUES: The Director of Administrative Services has historically submitted to the City Council a monthly report, providing the following information: 1. Type of investment. 2. Financial institution (bank, savings and loan, broker, etc). 3. Date of m tur*ty. 4 . Principal amount. 5 . Fate of interest. 6 . Current market value for all securi having a maturity of more than 12 months. 7 . Relationship tionship of the monthly report to the annual statement of investment policy. Agenda Item 8.b. Page 1 CITY COUNCIL CONSIDERATION OF INVESTMENT DEPOSITS APRIL 2, 207 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: Recommended Altemati e - Approve staff's recommendation to receive and file the attached report listing the current investment deposits. Do not approve staff's recommendation - Provide direction to staff ADVANTAGES: Safety of principal is the foremost objective of the City. Investments are undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. DISADVANTAGES: Some level of risk is present in any investment transaction. Losses could be incurred due to market price changes, technical cash flow complications such as the need to withdra w a non- negotiable Time Certificate of Deposit early, o even the default of an issuer. To minimize such risks, diversifications of the investment portfolio by institution and by investment instruments are being used as much as is practical and prudent. ENVIRONMENTAL TAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, April 22, 2010. The Agenda and report were posted on the City's w b ite on Friday, April 23, 2010. No public comments were received. Attachments: 1. Portfolio Summary: March 31, 201 Agenda Item 8.b. Page 2 ATTACHMENT 1 t� c� CL 0 t� c� 00 CITY OF • FP * • kh 'r CITY OF ARR GRANDE Portfolio Management Portfolio Summar March 31, 201 City o Arroyo Grande 214 E. Branch S Arroyo Grande, CA 93430 Phone (805)473 -5400 Interest Investments Boob Value Interest Rate Rate PY Date of Purchase Term Maturity Date ° of Portfolio Local Agency Investment Funds 16 0.547 1.822% 96.05% erti aces of Deposit - Banks Golden Security Bank 90,000.00 4.40% October 9 2908 760 October 9, 2010 0,52% First Federal Bank of California 99,000.00 2.53 Se ptember 18 2999 731 Se ptember 21, 2011 0.57% Redding Bank of Commerce 250,000.00 2.40 Se ptember 21, 2909 913 M 21, 2012 1.43% First Republic bli Bark 250,000.00 3.00 November 9, 2099 30 rnos November 9, 2012 1.43% Total Certificates of Deposit 689 3.95% Total Investments 17,422,053.87 1 00.00 wCr THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.b. Page 4 INCORPORATED z MEMORANDUM DUM l JULY 10, 1911 To: CITY COUNCIU EDEVELOPMEI T AGENCY BOARD of DIRECTORS S FROM: ANGELA KRAETSCH, DIRECTOR of ADMINISTRATIVE SERVICESWV---- SUBJECT: ADOPTION of A RESOLUTION To RATIFY AND CONFIRM THE CITY'S ELECTION To RECEIVE, E, AND CONTINUE TO DECEIVE, ITS STATUTORY PASS- THROUGH PAYMENTS FROM THE ARROYO o o GRANDE REDEVELOPMENT ELOPMENT GENC UNDER HEALTH & SAFETY CODE SECTION 33607.5 DATE. APRIL 27, 201 RECOMMENDATION: It is recommended that the City Council /Redevelopment edevelopment Agency Board of Directors adopt a Resolution to ratify and confirm the City's election to receive, and continue to receive, its statutory pass- through payments from the Arroyo Grande Redevelopment Agency (RDA) under the Health & Safety Code Section 330.. FINANCIAL IMPACT: The City receives approximately $60,000 annually in pass - through payments from the RDA. BACKGROUND: OUND: The City Council of the city of Arroyo Grande adopted ordinance No. 487 C.S. on June 17, 1997, which approved and adopted the Redevelopment lopment Plan for the Arroyo Grande Redevelopment Project. The adoption of the Redevelopment Plan resulted in the allocation of property tax increment from the Arroyo Grande Redevelopment Project to the RDA for purposes of redevelopment. The Health and Safety Code Section 33607. provides that the community (city) which has adopted the redevelopment project may elect to receive a portion of the property tax increment received by the RDA after the amount required to be deposited in the RDA's Low and Moderate Income Housing Fund has been deducted. The portion distributed to the City pursuant to Health and Safety Code Section 33607.5 is commonly referred to as the "statutory pass - through payment ; ANALYSIS of ISSUES: The County of San Luis Obispo Auditor - Controller's office recently notified City staff that they could not find any record of where the City of Arroyo Grande had elected to receive its statutory pass-through payment. The County Auditor- Controller administers the distribution of property tax increment and statutory pass - through payments and has been distributing the City's statutory pass - through payment to the City since the adoption of the Redevelopment Plan. City staff searched and could not locate any documentation stating Agenda Item 8.c. Page 1 CITY COUNCIL ADOPTION of A RESOLUTION To RATIFY AND CONFIRM THE CITY'S ELECTION To DECEIVE ITS STATUTORY PASS =THF o GH PAYMENTS FROM THE RDA APRIL 27, 201 PAGE 2 that the City had elected to receive the pass - through payments in the City 3 s records. Although there is no requirement for the City to have adopted a resolution to obtain and receive its statutory pass - through payment, the County Auditor - Controller has requested that the City adopt a resolution to confirm and ratify the City's election to receive, and to continue receiving, its statutory pass - through payment from the Arroyo Grande Redevelopment Project. ALTERNATIVES* The following alternatives are provided for City Council consideration: - Approve the adoption of the Resolution ratifying and confirming the City's election to receive its statutory pass - through payments from the RDA; - Do not approve the Resolution; - Modify the resolution and approve, - Provide direction to staff. ADVANTAGES: By adopting the Resolution it will provide both the county and the city with a record that the City has elected to receive its statutory pass - through payments. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: : No environmental review is required for this item PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday,, April 22, 2010. The Agenda and report were posted on the City's website on Friday, April 23, 2010. No public comments were received. Agenda Item 8.c. Page 2 RESOLUTION No. A RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO o GRANDE RATIFYING AND CONFIRMING THE CITY'S ELECTION To RECEIVE, AND To CONTINUE RECEIVING, ITS STATUTORY SS- THROUGH PAYMENT FROM THE ARROYO GRANDE REDEVELOPMENT PROJECT PURSUANT To HEALTH AND SAFETY CODE SECTION 33607.5 WHEREAS, the Arroyo Grande redevelopment Agency "Agency" is a public body,, corporate and politic, organized and existing under the California Community Redevelopment Law "CRU ) (Health & Safety code §33000 et seg.); and WHEREAS, pursuant to the CRL and ether applicable law the city council of the city of Arroyo Grande "city council" or "city" as applicable) adopted Ordinance N o. 487 C.S. on June 17, 1997, which approved and adopted the Redevelopment Plan for the Arroyo Grande Redevelopment Project,, as may have been amended from time to time, including but not limited to, pursuant to Ordinance No. 551 to extend the time limit on receipt of tax increment by one year in compliance with State law (collectively,, the "Redevelopment Plan" ); and WHEREAS, the adoption of the Redevelopment Plan resulted in the allocation of property tax increment from the Arroyo Grande Redevelopment Project to the Agency for purposes of redevelopment; and WHEREAS, the C L, at Health and Safety code Section 33607.5 provides that the community which has adopted the redevelopment project may elect to receive a portion of the property tax increment received by the Agency after the amount required to be deposited in the Agency's Low and Moderate Income Housing Fund has been deducted; and WHEREAS, S, the portion distributed to the community pursuant to Health and Safety Code Section 33607.5 is commonly referred to as the "statutory pass - through payment ;ty and WHEREAS, the San Luis Obispo county Auditor - controller administers the distribution of property tax increment and statutory pass - through payments; and WHEREAS, from and after the adoption of the Redevelopment Plan, the county Auditor - Controller has been distributing the city's statutory pass - through payment to the City; and WHEREAS, S, although there is no requirement for the community to have adopted a resolution to obtain and receive its statutory pass - through payment, the county Auditor- Controller has requested that the city adopt a resolution to confirm and ratify the city's election to receive, and to continue receiving, its statutory pass- through payment from the Arroyo Grande Redevelopment Project; and Agenda Item 8.c. Page 3 RESOLUTION No. PAGE 2 WHEREAS, all actions required to be taken by the City Council precedent to adopting this Resolution have been taken in accordance with applicable later. NOW, THEREFORE, E, BE IT RESOLVED ED by the City council of the City Arroyo Grande as follows 1. The foregoing Recitals are true and correct and incorporated herein. 2. The City of Arroyo Grande hereby confirms and ratifies its election to receive, and to continue receiving, the City's statutory pass - through payment, pursuant to Health and safety Code Section 33607.5. 3. The City Cleric shall send a certified copy of this Resolution to the County Auditor-Controller. O motion of Council Member , seconded by Council Member , and on the following roll cell vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 2010. Agenda Item 8.c. Page 4 RESOLUTION N . PAGE 3 TONY FE F AF A, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.c. Page 5 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.c. Page 6 MINUTES SPECIAL MEETING OF THE CITY COUNCIL MONDAY, MARCH 29, 2010 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER: Mayor Ferrara called the Special City Council meeting to order at 6:02 p.m. 2. ROLL CALL: City Council: Council Member Chuck Fellows, Council Member Ed Arnold, Council Member Joe Costello, Mayor Pro Tem Jim Guthrie, and Mayor Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Legislative and Information Services /City Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, Director of Recreation and Maintenance Services Doug Perrin, Chief of Police Steve Annibali, and Community Development Director Teresa McClish. 3. FLAG SALUTE: Mayor Ferrara led the Flag Salute. 4. CONSIDERATION OF CONTINGENCIES REGARDING REDESIGN OF SHORT STREET AND PURCHASE AND SALE AND IMPROVEMENT AGREEMENT WITH NKT COMMERCIAL FOR ACQUISITION OF PROPERTY AT 300 EAST BRANCH STREET AND SALE AND DEVELOPMENT OF CITY PROPERTY AT 200 AND 208 EAST BRANCH STREET AND THE ADJACENT PARKING AREA: City Manager Adams presented the staff report and City Council subgroup recommendation to: 1) approve relocation of all City Hall complex staff to the 300 East Branch Street (former Farm Credit) building; 2) direct staff to solicit proposals to lease the existing City Hall building; 3) authorize the City Manager to execute documents to obtain debt financing of up to $1.2 million for costs associated with acquisition of the 300 East Branch Street property through the United States Department of Agriculture (USDA) Rural Development Community Facilities low- interest loan program and fund debt service from Local Sales Tax funds; 4) approve funding for proposed improvements to the 300 East Branch Street building from Local Sales Tax funds; and further recommended the Council appoint two Council Members to work with the City Manager on the architectural design. Mayor Pro Tem Guthrie expressed concern as to whether a five year lease for the City Hall building was realistic due to the costly ADA and tenant improvements that would be required and suggested a longer lease term be considered. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Agenda Item 8.d. Page 1 Minutes of City Council Special Meeting March 29, 2010 Page 2 Nick Tompkins representing NKT Commercial, spoke in support of staff recommendations; provided a history of discussions with the City concerning purchase of the property and the original appraisal of $2.4 million; commented on the City's request for a new appraisal; stated that the new appraisal reduced the value of the building by $380,000 which reflected the overall decline in commercial property values; explained that he accepted the second appraisal with a reduction in value as part of the transaction; however, he stated he could not accept a lower valuation of the current appraisal as the alternatives for the building greatly outweigh the benefits of such a decision; acknowledged the Council's role and how it includes difficult and challenging decisions in light of the deteriorating economy; referred to recent criticism about the value of the building that was set by the appraiser; stated he has never had any intention to harm the Village or the City; offered the City a unilateral right to re- purchase the Farm Credit building at the same price plus $80,000 or $2.1 million and that this right to re- purchase would start in two years and run through the end of year six; stated it was difficult to predict the future and that in the event the future does not work out as planned, if space needs are greater or less, there will be a pre- agreed upon contract to ensure the investment of the City's money would be returned; urged the Council to carefully consider staff's recommendations as supported by the subcommittees and various outside consultants; and noted that NKT's financial information was provided to the City Attorney for review. Jolie Lucas resident of the Five Cities, spoke regarding Oceano Airport Celebration Day on May 8 t " Frances Askins Launa Lane, spoke in opposition of the closure of Short Street, purchase of the building, and demolition the "malt shop ". Dana Billing East Branch Street, spoke in opposition of the closure of Short Street and demolition of the "malt shop ". Gordon Bennett Allen Street, spoke in opposition to the Centennial Park project, including the closure of Short Street; thanked the hundreds of local citizens in support of the continued use of Short Street, and especially the many business owners who recognize the importance of keeping Short Street open for their tenants and customers. Shirley Gibson, Town of Halcyon, spoke regarding the many moving parts of the project which were not considered individually on their own merit; voiced concerns regarding the new debt incurred by the purchase of the Farm Credit building; trading away of capital assets (200 East Branch Street, 208 East Branch Street and the 15 parking spaces); the potential closure of Short Street; and the creation of commercial buildings that represent fake history. Manetta Bennett Allen Street, stated that Short Street is the gateway to a historical area of the community and it should be kept open; and she did not believe that sales tax should be used to purchase the Farm Credit building. Shirley Gibson Town of Halcyon, referred to the list of people that had concerns about the potential closure of Short Street; and stated in addition to Short Street, many people are concerned about preserving the historical character of the Village. She displayed the list of 272 names of persons who are concerned about the potential closure of Short Street and the preservation of the historical character of the Village; and provided a few quotes from people on the list. Kristen Barneich Canyon Way, provided a history of the Silva family, who owned the malt shop at 200 E. Branch Street; stated that the building can still be kept and adaptively reused even though it is not historic, simply for the fact that it contributes to the Village's sense of place. Gail Lightfoot Mesa Drive, referred to a recent newspaper headline concerning City budget cuts; commented on information in the article concerning the project; stated it was not the time for governments to borrow more money, and that it is time to pay off debts and become solvent. Agenda Item 8.d. Page 2 Minutes of City Council Special Meeting March 29, 2010 Page 3 Karen Williams Village business owner, spoke in opposition to the closure of Short Street and commented that it would negatively affect her business. Tim Moore Fair Oaks Avenue, spoke in opposition to the City Hall /Centennial Park project stating it was too much money; stated the City should be looking at what is better for the City and its citizens, and that streets and sidewalks in the City need to be fixed first; commented that Centennial Park could be retained if it was located in the current gazebo park and only donations were used; opposed the use of City funds for Centennial Park; stated that if the City has to have new offices, the building on Station Way is bigger, cheaper and newer than the Farm Credit building, already has fire - sprinklers, is in the boundaries of the Village, and is more fiscally responsible; stated the other City buildings could be sold in their current states and the money could be used toward the Station Way property. He then submitted a list of questions from concerned citizens and taxpayers. Ira Hughes Canyon Way, stated the City should look at the 10,000 square foot building on Station Way to relocate the entire City Hall and Council Chambers; stated the City could then sell the four buildings in the Village that are not ADA compliant which would enable the City to cover the purchase of the buildings on Station Way; stated that the City could eliminate the need for further future repairs and compliance to ADA legislation; eliminate the new parking lot expense and the costs associated with reconfiguring Short Street; commented on past policies to keep City offices in the same general location and stated that Station Way is considered to be in the Village and he did not see any policy issues that could arise. He stated that the Station Way property should be further explored, and the current City offices could then be used for other uses to stimulate the economy. Lynn Titus Lierly Lane, spoke in opposition to changes in the Village. Rachel Solerno Short Street, spoke in opposition to the project; agreed with the relocation of City Hall to another location; opposed more commercial buildings in the Village; and expressed concern regarding parking issues around the Village. Mike McConville East Branch Street, spoke about the local sales tax; acknowledged the City's annual report regarding local sales tax expenditures; stated a public hearing is required every five years to determine whether the local sales tax is still necessary; opposed the use of local sales tax money for the proposed purchase; stated that money should be used for making the City buildings ADA compliant; and referred to the City organization chart which places citizens at the top. Susan Flores East Branch Street, thanked staff for the tour of buildings and review of records; stated she never doubted the City could get a loan; expressed concern about the use of local sales tax; opposed the closure of Short Street; opposed debt being financed by the local sales tax, and loss of parking; stated that the Station Way buildings are a good idea and would increase parking; agreed with the need for an improved City Hall building; and stated that the Farm Credit building would also need improvements and is a tight space. Bob Lund Linda Drive, spoke in support of the project, stated the Council had done a good job in preparing and analyzing all the facts and data concerning the project; and expressed concerns if this project was not approved. Greg Steinberger commended the Council and City staff for listening and incorporating the citizens' concerns and making adjustments; stated there is a need for change to keep things viable; stated he was an eight year resident of Arroyo Grande; and noted that since the February 23 meeting, he had met with the developer about the potential for a new building and restaurant on the corner of Short Street. Mark London Launa Lane, commented that as a real estate broker and property manager, he agreed with Council Member Fellows' review and valuation of the Farm Credit building; commented that repair and maintenance of the current City Hall buildings has been Agenda Item 8.d. Page 3 Minutes of City Council Special Meeting March 29, 2010 Page 4 underfunded and put off for years; expressed concern about costs, fee credits, and necessary improvements to the Farm Credit buildings, and stated that the current City buildings should be fixed. Patty Welsh Pradero Court, stated the City should look at the Station Way location; expressed concern over loss of parking where the Farmers' Market is on Saturday; would like Short Street to stay open; and questioned the condition of the malt shop building. Greg Moore East Branch Street business owner, spoke in support of the project; stated it would benefit the community overall; and believed it is better to own real estate than to lease. Carol Pruett Short Street, provided background history of parking behind Gina's Restaurant; noted that deficient financing pays off sometimes; stated he served on a past Blue Ribbon Committee that studied the relocation of City Hall and that there was a piece of property that was available for no cost to build a new building; however, when it came back to City Council, the turnout of people opposed relocating City Hall out of its present location; and concluded he was an advocate of buying and owning properties by some means long before you need it. Upon hearing no further comments, Mayor Ferrara closed the public comment period. Mayor Pro Tem Guthrie provided the following comments: - Acknowledged that this process began over a year ago; had originally expressed concern that acquiring the Farm Credit building for additional space would provide more space than was needed; - Was willing to look at relocating City staff to the Farm Credit building and selling the City buildings for income; - Stated it would be possible to fit all staff in the Farm Credit building; it would be tight and allows for a little bit of growth, but not much growth; - Was concerned that a five year lease on the current City Hall building would not work which is why the building would need to be sold or leased for a longer period of time; - Stated the possibility of moving City Hall out of the core of the Village would be a good decision if it was purely a business decision versus a political one; - Had expressed concern with the original plan due to fundamental costs associated with the project; - Stated that use of local sales tax was not a direction given by the public and felt there should be another way to finance; - Acknowledged the buildings were not kept up due to other priorities that were identified; - Stated the original intention was to stay within the existing City Hall; however, City Hall and the Conrad House were declared historic, and the Conrad House was found to have significant structural issues that will be expensive to fix, which makes it impossible to stay in the City Hall and Public Works buildings. - Was attracted to the idea of adding new buildings to the Village without it being fake history; referred to example of new construction on Bridge Street; - Stated he was open to the potential of looking into the Station Way location; however, he was prepared to move forward with the project as proposed which is relocating all staff to the Farm Credit building; - Commented on the question of financial solvency, and stated the City has little existing debt and can afford this loan quite easily over 30 years, and there is no solvency issue; - Noted that the City is spending a lot of money on fixing City streets and sidewalks and the City is following the intention that a majority of the local sales tax is being spent on roadway and related; Agenda Item 8.d. Page 4 Minutes of City Council Special Meeting March 29, 2010 Page 5 - Commented there may be a need to decide whether City Hall needs to remain in the core of the Village or not, or if it can be moved out of the core of the Village and the entire City Hall campus could then be reused for retail or office use; - Stated he is prepared to go ahead with the project as recommended but is open to discussion regarding the Station Way buildings. Council Member Arnold provided the following comments: - Stated he was not prepared to approve the project tonight; acknowledged a lot of good work was done with review of the Farm Credit building; - Expressed concern regarding recent comments made about utilization of space in the Farm Credit building and whether it would be too small; - Stated his reasons for relocating staff into the Farm Credit building were related to the delay on the ADA improvements to City Hall; - Expressed concern with the appraisals and what the City's contribution is to this project; - Could support the project as a stand alone project; - Said the problem was there were good intentions at the start of the process; however, combining the projects has created confusion; - Could support buying the Farm Credit building, but if the City was to buy property then it should also look at the buildings on Station Way; - Should pursue other alternatives, including Station Way; does not believe another appraisal makes sense; - Could support the commercial project as a stand alone project and Short Street as one way; - Believes the Station Way location presents a better alternative for the City to have a better building with more square footage for less money. Council Member Costello provided the following comments: - Supported moving forward with the project; - Does not support selling City Hall, but does support leasing; - Believed that staff could be moved to the Farm Credit building for a short time for several years, but will need more counter space to serve customers; - Does not support closing Short Street; it will be kept open under this plan; - Have been working on expanding parking in Village to make it more pedestrian oriented; noted that parking is not being eliminated; - Stated the appraisal process has been fair and complete; - Acknowledged the City's tight budget; however, the economics of the project make sense as a way to deal with the problems of space and ADA requirements in the current building and the shortcomings of the 200 and 208 and 214 E. Branch Street buildings; - Stated if the project was turned down and we started over, more money will be spent from the General Fund and the sales tax to accomplish the same goal; - Referred to the City's capital improvement plan which includes projects to fix streets and sidewalks, and that the City would continue to fund the plan; - Believed that in both the long term and the short term, this is the best course of action; - Did not think the new commercial buildings would create fake history; - Responded to comments regarding recent efforts to pursue a grocery store in the Village and that no one has come forward with a proposal; - Would support the project tonight. In response to questions from Council Member Fellows, City Manager Adams explained the three contingencies of the approval to: 1) develop an agreement on whether or not to relocate Agenda Item 8.d. Page 5 Minutes of City Council Special Meeting March 29, 2010 Page 6 all the City staff in the City Hall complex buildings to the Farm Credit building; 2) to determine whether to sell or lease City Hall or to continue to use it for City operations; and 3) to determine the appropriate funding source or agreed upon funding for costs associated with the project. He also noted that the redesign of Short Street is part of the Purchase and Sale Agreement which was already approved. City Manager Adams also responded to questions regarding the cost of the lease; monthly rent; expenses related to improvements to the Farm Credit building (including the fire sprinklers); costs to repair the Conrad House (Public Works building); that the City has deferred maintenance to the buildings because this planning process has been underway since 2004; issues regarding the new appraisal as it relates to the purchase price; that the City was not opposed to another appraisal, however, there were issues regarding cost and timing and identifying the objective for a new appraisal. Council Member Fellows expressed concern about potential subsidies through the waiver of in -lieu fees; commented that the cost of a new appraisal could be worth it if the price were lower; stated a local appraiser /realtor had questioned the values of the City properties and he requested an explanation of the value of the parking lot. City Manager Adams explained the City would be selling the property to the purchaser as a vacant lot and therefore, the City would be removing the parking and replacing it with another parking lot. Council Member Fellows expressed concerns with the financial aspects of the proposal; and did not support the applicant's offer to give the City an option to force a re- purchase of the building at some future date. City Manager Adams briefly reviewed the alternatives listed in the staff report. Council Member Fellows provided the following comments: - Does not support forgiving $112,000 in parking in -lieu fees; - Stated a lot of people do not want the Village enhanced by tearing down and creating new buildings; - Does not support tearing down buildings; - Stated that modifying Short Street and creating Centennial Plaza is going to be expensive; - Believed the appraisal was way off, and the City would be paying too much; - Does not support the project. Mayor Ferrara provided the following comments: - Supported the project; - Believed the Station Way location is too noisy next to the freeway; available parking does not appear adequate, however there is no parking analysis available; may need a traffic analysis at that location; - Has been around long enough to remember surveys regarding the location of City Hall which indicate City Hall should stay in the Village; - Commented on the favorable economics of the project; - Stated that the main goal is the economy of the Village and of the City; has supported from the beginning anything that could be done to bring more people into the Village to get out, walk around, and experience the charm of the Village; - Has discussed the benefits of co- locating staff; space needs may be an issue, but will not be known unless it is tried; if it works, the City's operation will be much more efficient and result in better service to the community; - Agreed that this is a complex proposal, but as a whole, it is a good project for the City; - Clarified that Short Street is not being closed, it would be a one -way street; Agenda Item 8.d. Page 6 Minutes of City Council Special Meeting March 29, 2010 Page 7 - Stated that the Building and Safety building was deemed to be not historic; - Recognized that if the project was not approved, the entire project goes away; - Stated that more consideration needs to be made by Mr. Tompkin's offer to buy the Farm Credit building back; that this was an ideal situation to look at a buy -back agreement in conjunction with the lease of City Hall; - Addressed issue of frustration with government and distrust of the State legislature; stated it did not feel good that there was distrust at the local level; - Referred to sentiments expressed by community members that support the project; - Acknowledged that there has been a lot of talk about parking; stated the project would gain parking; and noted this project was approved by the Downtown Parking Advisory Board which is made up of business owners in the Village; - Stated that the City's obligation towards the local sales tax has been fulfilled and will continue to do so; referred to two street projects that are funded and in progress; - Acknowledged the sales tax advisory measures which prioritized the funds to be used for City projects; - Referred to the City's Design Guidelines and Formula Business Ordinance to keep chain stores from coming into the Village; - Does not believe creating anything new in the Village would create fake history; - Expressed concern about what would happen to the JJ's Market building if there is a sense that the Village should not be changed at all; - Believed the City can take the initiative to chart a more dynamic economic course for the Village while still preserving its charm; - Stated that there are 17,000 people in the City and many of them have expressed support for the future of the Village outside of the Council meetings; - Supported the project; - Supported extending the City Hall lease for a longer period, maybe for 7 years, and including a buy back provision in the agreement. Mayor Pro Tem Jim Guthrie offered the following additional comments: - Stated he had reviewed the pluses and minuses of the project and came up with different answers; acknowledged there were many pieces to the project; - Stated it has always been about the most financially feasible way to accomplish what needs to be accomplished for a better City Hall; - Noted it would be very expensive to fix the current City Hall and finding an alternative was key; - Stated he was not hearing any support from the Council to sell the buildings, so he was prepared to support and approve the recommendations as proposed; - Reiterated that the City Hall lease should be longer than 5 years, possibly up to 10 years to make it feasible; - Noted that the Council voted 4 -1 to replace the Building and Safety building in order to facilitate the commercial project; - Preferred that this wasn't funded from the local sales tax; - Would have adequate facilities for City Hall; would have the economic development project that is key; and would have ADA compliance in the City Hall project; - Supports with instruction to staff to provide for a 10 -year lease; if more space is needed prior to that time, the Farm Credit building can be expanded; - As far as parking, the new parking lot may not be development concurrently; however, there will not be a shortage of parking in the Village; Agenda Item 8.d. Page 7 Minutes of City Council Special Meeting March 29, 2010 Page 8 - Suggested not putting in the elevator at this time, and staying within the budget that was set forth with the less expensive alternative. City Manager Adams suggested a Council subcommittee to work on design and selecting an architect. There was consensus that Council Member Arnold and Mayor Pro Tem Guthrie would continue to serve as subcommittee members. Action: Council Member Costello moved to adopt the City Council subgroup recommendations to: 1) approve relocation of all City Hall complex staff to the 300 East Branch Street building; 2) direct staff to solicit proposals to lease the City Hall building and explore a 10 year lease; 3) authorize the City Manager to execute documents to obtain financing up to $1.2 million for costs associated with the acquisition of 300 East Branch Street property through USDA Rural Development Community Facilities low interest loan program and fund debt service from local sales tax funds, and 4) approve funding for proposed improvements to the 300 East Branch Street building from local sales tax funds with the inclusion of the offer from Nick Tompkins to repurchase the building within 6 years at $2.1 million, contingent also with the flexibility that the Council would make a final decision on whether to go forward with completion of the second story and the elevator based on the proposals brought back by staff. Mayor Pro Tem Guthrie seconded. Brief discussion ensued with the applicant regarding the term of the lease, the proposed buy- back agreement, and the proposed remodeling improvements in the Farm Credit building. Council Member Arnold noted that while he would be voting against the project tonight because he believed the Station Way location should be explored as an option, he believed the project was good and would support it moving forward after tonight as far as selecting an architect. Council Member Fellows reiterated that by subsidizing Mr. Tompkin's proposal, there should be caution regarding the buy -back agreement to avoid further subsidies. The motion passed on the following roll -call vote: AYES: Costello, Guthrie, Ferrara NOES: Arnold, Fellows ABSENT: None 5. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. to the next Regular City Council Meeting on April 13, 2010. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ) Agenda Item 8.d. Page 8 MINUTES REGULAR MEETING of THE CITY COU CIUREDE ELOPMENT AGENCY TUESDAY, APRIL 1 , 201 COUNCIL L CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor /chair Ferrara called the Regular City Council/ Redevelopment Agency meeting to order at :o 3 p.m. 2 . ROLL. CALL City council /RDA: council /Board Members Joe Costello, chuck Fellows, Mayor Pre Tem Vice Chair Jinn Guthrie and Mayor /chair Tony 'Ferrara were present. Council /Board Member Ed Arnold was absent. City Staff Present: City Manager Steven Adams, city Attorney Tim Carmel, Director of Legislative and Information Services /City clerk Kelly Wetmore, Director of Administrative Services Angela Kraet ch, Chief of Police Steve Annibali, Police Commander John Hough, Director of community Development Teresa Mccli h , and Planning Manager Jim Bergman. 3 . FLAG SALUTE Jim Bergman, President of the Arroyo Grande Valley Kiwanis club, led the Flag Salute. 4 . INVOCATION Mayor Ferrara delivered the invocation. 5 . SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Declaring April 2010 as "Autism Awareness Month" Mayor Ferrara presented an Honorary Proclamation recognizing April 2010 as Autism Awareness Month. Gary Nemeth and Shawna Whitfield accepted the Proclamation on behalf of the central Coast Autism Spectrum center. 5 .b. Honorary Proclamation — Recognizing Apri 130, 2 010 as Arbor Day Mayor Ferrara presented an Honorary Proclamation recognizing April 30 2010 as Arbor Day. Recreation and Maintenance Services Director Doug Perrin accepted the Proclamation. 6 . AGENDA IEII EW 6.a. ordinances Read in Title only. Council/Board [Member Costello moved, Mayor Pro TemNice chair Guthrie seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read in title only and all further readings be waived. Mayor Ferrara requested the council's concurrence to take Item 12 out of order. The Council concurred. 12. CITY COUNCIL MEMBER ITEMS Mayor Ferrara read a prepared statement regarding the numerous inquiries from the citizens and the media regarding Council Member Arnold and the impact on the city. Mayor Ferrara req uested the Council's concurrence in placing on the April 2 #n Agenda consideration of several items: 1 A letter from the Council to Ed Arnold asking that he resign his council seat immediately; An Agenda Item 8.d. Page 9 Minutes: city CounciflRedevelopment Meeting Page Tuesday, April 13, 2010 outline of the recall process applicable to recalling a Council Member for the benefit of the public; and A process for filling a Council vacancy when the need arises. Mayor Ferrara emphasized that this was not about Council Member Arnold's guilt or innocence, which is a separate process that will run its own course in a court of law. council concurred with Mayor Ferrara to place this matter on the net Agenda. 7. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS Tim Moore, Fair Oaks Avenue, referred to comments made by the Mayor and council Members at the (larch 29 meeting; stated he is planning on running for city Council, and the fiat thing he would d0 if elected is to have ITT buy back the Farm Credit building; and e concern about the negative comments made regarding the building on Station Way. Ira Hughey Canyon Way, stated he was saddened by the decision made by the council regarding the real estate deal with NKT; referred to the many names that were presented opposing the project, yet it was still passed; referred to unfair accusations made about the Station way buildings; stated that the City knew that NKT had bought the JJ's Market building; and thanked the Arroyo Grande Kiwanis Club, Arroyo Grande High School Robotics Team, and all the volunteers who helped repaint the Bridge Street Bridge. Patty Welsh Pradera court, stated that she had looked at the buildings on Station Way and saw that they were good enough for physicians and pediatricians to occupy the buildings; and thanked Council for the actions they will consider at the next City Council meeting. 8. CONSENT AGENDA Mayor /Chair Ferrara invited members of the public who wished to comment on any Consent Agenda Item to do so at this time. There were no public comments received. Action: council /Board Member Fellows moved, and Mayor Pro TemNice chair Guthrie seconded the motion to approve consent Agenda Items 8.a. through 8.j., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Fellows, Guthrie, Costello, Ferrara NOES: None ABSENT: Arnold 8.ar. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period March 16, 2010 through March 31, 2010. 8.b. Consideration of Agreement for Consultant Services. for Audit Services. [RDAICOUNCIL] Action: Authorized the Mayor /chair to eater into a three year consultant services agreement with the audit firm of Moss, Levy & Hart helm, Certified Public Accountants. 8.c. Consideration of Approval of (!Minutes. Action: Approved the minutes of the Special City Council Meeting of March 2, 2010 and the Regular city council / edeveIopment Agency Meeting of Ma rch 23, 2010, as submitted. 8.d. Consideration of a Resolution Approving the Tax Sharing Agreement with the County of San Luis Obispo for Annexation of the Pearvwrod Basin Property. Action: Adopted Resolution olution l o. 4287 as follows: "`A RESOLUTION TIN THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING NEOO T #A TED Agenda Item 8.d. Page 10 Minutes: City council Redevelopment Meeting Tuesday, April 13, 2010 Page EXCHANGE OF PROPERTY TALC REVENUE AND ANNUAL TAX INCREMENT BETWEEN EEN THE CITY OF ARROYO GRANDE AND COUNTY OF SAN LUIS DEISP ' 8.e. consideration of second Extension of Agreement for contractor Services with SP Maintenance Services, Inc. Action* Approved a Second Extension f the Agreement with SP Maintenance Services for street sweeping services. 8.f. Consideration to Adopt a Resolution Accepting Easements and Improvements vements four Parcel Map AG 05-0138 and Planned Unit Development 05-003; Located at 1 Juniper street. Action: Adopted Resolution N . 4288 as follows: "'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND IMPROVEMENTS FOR PARCEL MAP AG -0738 AND PLANNED UNIT DEVELOPMENT -003 LOCATED AT 137 JUNIPER STREET'. 8.g Consideration to Approve Construction Plans and specifications and Environmental Determination for the Well No. 10 Phase II Project, PIN 2010-02. Action: 1 Adopted Resolution N . 4269 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGA TI E DECLARATION FOR AND APPROVING THE WELL NO. 1 o, PHASE H PROJECT', and 2 Approved Well No. 10 construction plans and specifications. 8.h. Consideration of a Subcommiftee to Review the Children In Motion Program. Action: 1 Approved formation of a Children In Motion Sub mmittee to develop and recommend methods to rake the Children In Motion Program financially self sufficient; 2 Appointed City Council Members Costello and Fellows to serve on the Subcommittee; and 8 Authorized the city Manager to complete the formation o f the Subcommittee with one Parks and Recreation C mmi i ner, up to sic city staff members, and at least five members at large. 81 consideration of an Agreement for Contractor services with Lee Filson Electric for Traffic signal Maintenance. Action: Approved an Agreement for contractor Services with Lee Wilson Electric for traffic signal maintenance. 8.j. consideration o critical Needs Action Plan Process. Action: Approved the proposed critical Needs Action Plan process. 9 . PUBLIC HEARINGS 9.a. consideration of a Resolution Amending the City Master Fee schedule for the Recreation and Maintenance services Department's Pre - school Program, Adult Softball Leagues, Adult Basketball Leagues and Playground Program. Recreation n and Maintenance Services Director Perrin presented the staff report and recommended the Council adopt a Resolution amending the City Master Fee Schedule for the Recreation n and Maintenance Services Department's Pre - School Play and Learn Program, Adult softball Leagues, Adult Basketball Leagues and Playground Programs. Council questions ensued regard impacts to participation In the Play and Learn program; the purpose of the Play and Learn program; and whether the proposed increase in rates will negatively impact the Adult Sports Programs. Director Perrin responded that since the last fee increase in Agenda Item 8.d. Page I I M a : City CounciflRedevelopment Meeting Page Tuesday, April 9 ., 20 1 2008, there had been no drop in participation in the Play and Learn program, w hich is a preparatory program for children prior to entering Kindergarten; and he stated that while there had been a decrease in participation in the adult basketball program, there had been an increase in adult softball tears, and that the proposed fee increases for the adult sports programs would remain in line with ghat other cities are currently charging. Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public hearing. Council comments included support for the increase of fees in all the programs; concern about potential impacts to participation; that the playground fees would be in lime with the Children in Motion program; that the fee increase for adult sport programs is reasonable; a suggestion that the fees be increased annually based on changes in the consumer price index (CPI); and general support for all parks and recreation programs which are valuable to the community. Action: Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION of THE CITY COUNCIL OP THE CITY OF ARROYO GRANDE AMENDING THE MASTER FEE SCHEDULE LE FOR THE RECREATION ADD MAINTENANCE SERVICES DEPARTMENT PRE- SCHOOL, ADULT SOFTBALL, ADULT BASKETBALL AND PLAYGROUND PROGRAMS, Council Member Fellows seconded, and the motion passed on the following roll call vote: A YES: Costello, Fellows, Guthrie, Ferrara NOES: [done ABSENT: Arnold 9.b. Consideration of Adoption of an ordinance Approving Development Agreement 09- 0 2; 5 Cities Community Services Foundation. Planning Manager Bergman presented the staff report and recommended the council adopt an Ordinance approving Development Agreement 0-002 to construct a multi - purpose recreation center on a property located at the corner of W. Branch Street and old Ranch Toad. In response to questions from Council regarding the proposed waiver of fees related to construction of the project, City Manager Adams explained that the waiver of fees has been recommended because the project is a joint project between the City and the Foundation, the project would be a public facility, and it wound be funded entirely by private donations. With regard to transportation impacts, he explained the current funding plan for the Brisco interchange project which is already accounted for in the City's budget. Mayor Ferrara opened the public hearing. Allen Buck, Project Coordinator representing 5 Cities Community services Foundation, commented on escalating construction costs and spoke in support of the proposed Development Agreement. Ed Pelt rnan, Larchmont Drive, inquired about who manage the Center and whether the City would have any input; and whether any ground rules would be set now for when the project was built at some point in the future. Agenda Item 8.d. Page 12 Minutes: City C unc l Rede elo meat Meeting Page Tuesday, April 13, 2070 City Manager Adams responded that City has the first right of refusal to operate the facility, and that if it turned out not to be financially feasible, the City would still be involved in establishing guidelines for operation of the center. City Attorney Carmel stated that this would be a long terra operating agreement with provisions in place that could not be modified without mutual consent from both parties. Upon hearing no further comments, Mayor Ferrara closed the public hearing. Council comments included support for approving the Development Agreement as proposed; acknowledgement of the work done on the project to date; acknowledgement of the Foundation's ongoing fundraising efforts; that waiver of the fees would not affect the city's other capital projects; that development impact fee calculations did not include this project; and acknowledgement that the City is a partner in this project. Action: Council Member Fellows moved to adopt an ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL DP THE CITY OF ARROYO GRANDE APPROVING DEVELOPMENT PMENT AGREEMENT -002 TO CONSTRICT A MULTI-PURPOSE RECREATION CENTER ON PROPERTY LOCATED A T THE CORNER OF WEST BRANCH STREET ADD OLD RANCH ROAD" Mayor Fero Tern Guthrie seconded and the motion passed on the following roll call vote: AYES: Fellows, Guthrie, Costello, Ferrara NOES: None ABSENT: Arnold g.c. Extension of Interim Urgency ordinance Establishing up to an Additional Three Month Moratorium on the Approval of De velopment Projects. City Manager Adams presented the staff report and recommended the Council adopt an Interim Urgency Ordinance extending the temporary moratorium on the approval of development projects for up to an additional three months. Council questions included whether the refurbishments that were done on the sentry wells improved the readings on seawater intrusion. City Manager Adams responded that the last two tests show no intrusion. Mayor Ferrara opened the public hearing. M ike McConville, East Branch Street, questioned if the moratorium included the City Hall project or any other projects by ITT Commercial. City Manager Adams responded that the moratorium does not impact projects in progress prior to adoption of the Interim Urgency Ordinance, nor does it apply to multi- family projects. Upon hearing no further comments, Mayor Ferrara closed the public hearing. Agenda Item 8.d. Page 13 Minutes: City CouncillRedevelopment Meeting Page Tuesday, April 13, 2010 Council comments ensued in support of extending the temporary moratorium on the approval of development projects for up to are additional three months, and acknowledgment of the city's efforts in meeting the water resource strategies. Action: Council Member Costello moved to adopt an Interim Urgency ordinance as follows: ` "ASV INTERIM [URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY of ARROYO GRANDE E CTENDING A MORATORIUM ON THE APPROVAL DF DEVELOPMENT PROTECTS, AND DECLARING THE URGENCY THEREOF. Mayor Pre TemNice chair Guthrie seconded and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Fellows, Ferrara NOES: None ABSENT: Arnold 10. CONTINUED BUSIN ITEMS Done. 11. NEW BUSINESS ITEMS 11.a. consideration of Agreement with Tierra West Advisors to Prepare a Feasibility Analysis on Redevelopment Project Options at 1221 East Grand Avenue. [RDAICOUNCIL] City Manager /Executive Director Adams presented the staff report and recommended the Council/Board: 1 Approve an Agreement with Tierra West Advisors to prepare a feasibility analysis on redevelopment project options at 1221 East Grand Avenue; and 2 Identify city revenue generation as a top priority for any proposed redevelopment projects at this site. Council /Board questions ensued regarding whether Tierra Vilest would look at all options regarding types of uses and feasibility; and if Tierra Wet would be prepared to present their findings at the end of the -8 week process. Mayor /chair Ferrara invited comments from those in the audience who wished to be heard o n the matter, and upon hearing none, he closed the public comment period. Council/Board comments ensued regarding support for the feasibility analysis; that the opportunities for redevelopment at this location are good; emphasis that moving forward with the analysis does not bind the council on any project; that it was appropriate to utilize a third party for the analysis; and reference to the E. Grand Avenue study which resulted in the creation of a Master Plan and corridor for this segment of the city. Action: Council /Board Member Costello moved to: 1 Approve an Agreement with Tierra West Advisors to prepare a feasibility analysis on redevelopment project options at 1 221 East Grand Avenue; and 2 Identify city revenue generation as a top priority for any proposed redevelopment project at this site. Mayor Pro Tern ice Chair Guthrie seconded, and the motion passed on the following roll call vote: Agenda Item 8.d. Page 14 Minutes: City Counc 111 edevelopment Meeting Tuesday, April 13, 2090 AYES: Costello, Guthrie, Fellows, Ferrara NOES: lone ABSENT. Arnold 12. CITY COUNCIL. MEMBER ITEMS Done. 13. CITY MANAGER ITEMS Done. 14. COUNCIL COMMUNICATIONS None. Page 15. STAFF COMMUNICATIONS City Manager Adams gage an update on the progress of affordable housing projects in the City. 16. COMMUNITY COMMENTS AND SUGGESTIONS Jeff Auerbach, oak Park Community Group, commented on Agenda Item 8.g. and stated the Oak Park Community Group sent a letter on March 9 th and wanted to thank the Council for approving one of the suggested conditions for the Well Igo. 10 project. He requested the City consider the additional condition that was requested that the City would publish, in advance, an annual notification of maximum AFY pumping limits that will not push the Oak Park a quifer into overdraft. Mayor Ferrara stated that since Council had already taken action on the stern, he would request that Community Development Director M Cll h follow up with Mr. Auerbach on the matter. 17. ADJOURNMENT Mayor /Chair Ferrara adjourned the meeting at 8:25 p.m. Tony Ferrara, Mayor/Chair ATTEST. Melly Wetmore, re, City Clerk/ Agency Secretary (Approved at CC Mtg ) Agenda Item 8.d. Page 15 THIS PAGE INTENTIONALLY LEFT BLANK OW R WCOfMRATIE imy :o. toll MEMORANDUM To: CITY COUNCIL FROM: STEVEN N. ANNlBALI, CHIEF OF POL10E1' SUBJECT: CONSIDERATION OF FIRST AMENDMENT TO CONTRACT FOR ANIMAL SERVICES DATE: APRIL 2 , 2010 RECOMMENDATION: It Is recommended the City Council approve the First Amendment to the contract for Animal Services "First Amendment" with the County of San Luis Obispo not to exceed the amount of $136,624 and authorize the Mayor to execute the Agreement. FINANCIAL IMPACT: This First Amendment will provide for the twelve month extension beyond the expiration date of June 30, 2009 at a cost of $135,624. A total of $137,000 in the General Fund is budgeted in FY 2009 -10 for animal services, which will cover the cost. BACKGROUND" ND" On July 1, 2006, the City Council approved and executed a contract with the County of San Luis Obispo to provide animal services within the city's boundaries. The agreement expired on June 30, 2009. The county health Agency is currently assigned oversight of the Animal Services Division. The County Health Agency and Administrative staff, working with representatives of the of cities, including Chief Annibali, are currently performing an animal services study. The study includes identifying specific animal services provided to the city, data collection elements and allocation and fee setting methodology with the intent that the cities will gain a clearer understanding of the rate setting process. Approval of the drat amendment Will extend the agreement for the twelve months to allow the completion of the study. Council approved a three month extension on ,,duly 29, 2009 at the request of the County. However, that extension was never approved by the Board of Supervisors due to sme cities failing to complete the amendment extending the contract. Therefore, this extension will supersede the three month proposal approved by Council on July 29, 2009. It is anticipated that the cost for animal services provided to the city of Arroyo Grande will decrease in the FY 2010 - 11 based on the results of the animal services study and new rate methodology. Agenda Item 8.e. Page 1 CITY COUNCIL CONSIDERATION OF FIRST AMENDMENT TO CONTRACT FOR ANIMAL SERVICES APRIL 27, 2010 PAGE 2 ANALYSIS of ISSUES. The animal services study is nearly complete and has been successfully embraced by both the county and participating cities. The agreement to pursue the study was partly in response to concerns identified by the City regarding past and future proposed cost increases. The County has agreed to maintain current coats until the study is completed. It is anticipated that the study wiU be completed within the contract extension period and will provide a clearer understanding of the rate setting formulas. The County has provided this First Amendment to the Contract for Animal Services in order to continue to provide animal services in the City during the study period. Staff recommends that council approve this First Amendment in order to provide continuity in animal services during the study period. ALTERNATIVES: The following alternatives are provided for the council's consideration: Approve staff s recommendation to amend the contract with the County of San Luis Obispo; Do not approve staff's recommendation and direct staff to seek alternatives for animal services; Provide Direction to staff` ADVANTAGES; Approval of the First Amendment to the contract for Animal Services will enable the City to provide continuity in animal services during the comprehensive study period. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: N environmental revie w is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The public impacted by the proposal is the Arroyo Grand Police Depa rtrment' service population. The public has been made aware of the proposal before Council by a posting of the Agenda in the front of City Hall on Thursday, ,duly 23, 2009 and public notice posted on the City's website on Friday, April 23, 2010. No public input has been received to date. ATTACHMENTS 1. First Amendment to contract for animal services Agenda Item 8.e. Page 2 FIRST AMENDMENT TO CONTRACT FOR ANIMAL SERVICES This F IRST AMENDMENT is entered into between the Coin of Sari Luis Obis . ` "County") � Obisp �]ub�le entity �I� � Stat of California (hereafter referred t as County and the City f Arroyo Grande,, (hereafter � referred t as 6c it . WHEREAS, on July L 2006, the County executed a contract with the City o roAde � animal services within its boundaries by the County's Division of Animal Services; and W]H REAS, the contract expires on June 3 0, 2089; and WHEREAS, Health Agency and Administrative staff, working with a co ntingent of i re • s ; t are currently performing n Animal Services study which includes identifying specific animal scrvic rovided t � collection elements o the City, data allocation and fee setting methodology, with the intent that the Cities will gain a clearer understanding of the rate setting proces and WHEREAS,, AS, County and City wish to extend the contract for are additional twelve months beyond the expiration y � anon date and desire to amend the contract to reflect the extended term. NOW THEREFORE: I. The following line shall be added to the original Attachment A to include the twelve month extens Ju 1, 2089 to .d une 38, 2810 S136,62 2. The following paragraph shall be added to the Section labeled TERM AND RENEWAL and the Con tact is hereby amended with the following language added: The term of this Contract is hereby ext ended to June 30, 20 1 o, unless terminated earlier by mutual a greement of the parties. The Health Agency Director shall have authority to act pursuant to this h. � �p All other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused their duly authorized representative to execute this �s Renewal of Contract. Executed as of the date set forth herein. CO NTRACTOR: City o f Arroyo Grande By: Mayor of the City of Arroyo Grande ATTEST: By: Cleric for the City of Arroyo Grande . Date Date Agenda Item 8.e. Page 3 APPROVED AS TO FORM AND LEGAL EFFECT: Warren Jensen County Counsel By: Deputy County Counsel Date COUNTY: Bruce Gibson Board of Supervisors By: Chairperson of the Board of Supervisors ATTEST: Julie Rodewald Clerk-Recorder By: Cleric and Ex. Officio Clerk of the Board of Supervisors Date Date Agenda Item 8.e. Page 4 R INCORPORATE MEMORANDUM JULY 10. 12il 1F TO: CITY COUNCIL FROM: TER ESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR Y: MICE LINT, ASSISTANT CITY ENGINEER SUBJECT: CONSIDERATION F AN AWARD OF CONTRACT TO GRANITE CONSTRUCTION COMP N FOR CONSTRICTION OF THE WEST BRANCH STREET RESURFACING PROJECT, P II 200& DATE:' APRIL 2 , 201 RECOMMENDATION: It is recommended the City Council. 1. award a contract for the lest Branch Street Resurfacing Project to Granite Construction Company in the amount of $820,764; 2. authorize the City Manager to approve change orders for 10% of the contract amount, $82,076, for unanticipated Bests during the construction, phase of the project (total construction costs = $820,764 + $82,076 = $902,840). FINANCIAL IMPACT: The amended Capital Impr vement Program budget included $1131,014 for the Vilest Branch street Resurfacing Project, of which $1,,011,769 is slated for construction costs and $ for construction contingencies. The budget includes $525,000 in American Recovery and Reinvestment Act of 2009 (AR RA) funds. The remaining funding sources are from the Local Sales Tax ($473,000) and the Severer Fund ($90,900). BACKGROUND: UND. The project scope of work includes the resurfacing of Vilest Branch Street, between Oak Park Boulevard and East Grand Avenue, construction of sewer improvements to serve the future Police Station and the Arroyo Grande Recreation Center and construction of storm drain improvements at the intersection of Vilest Branch Street and Vernon Street. O December 8, 2009, Council approved the construction plans and specifications, determined the project to be categorically exempt in accordance with CE QA Guidelines Section 15301(c),, and directed staff to solicit construction bids following receipt of authorization from Caltrans. Agenda Item 8.f. Page 1 CITY COUNCIL CONSIDERATION of AN AWARD of CONTRACT To GRANITE CONSTRUCTION COMPANY FOR CONSTRUCTION of THE WEST BRANCH STREET RESURFACING PROTECT, PW 2008 -8 APRIL 27, 2010 PAGE 2 On March 2, 2010, ten bids were opened for the West Branch Resurfacing Project. O March 2T, 2010, staff received a letter from one of the bidders alleging inconsistencies in the bid documentation that dictates the City's decision process for contract award. On March 23, 2010, on the advice of the City Attorney, Council rejected all of the construction bids, directed staff~ to correct the discrepancies in the bid documentation and subsequently readvertisd the project to solicit new construction bids. The City Attorney reviewed the contract award language in the project specifications to correct the bid documentation inconsistencies as follows: "The ""lowest bid shall be the lowest bid amount on the base contract. In the case of alternate bids, the City shall state the amount of funding mailable prior to the opening of the first bid, and the "lowest bid" shall be the lowest total of the bid amounts on the base contract and those additive alternates taken in sequential order from the list of alerae bids. The lowest bid below or equal to the available funds with the maximum number of additive alternates shall be considered the lover bid. " Three additive alternates in the March 2, 2010 bid proposal dealt with the option of performing the grinding and paving operations at night. Although the contractor pays a premium to have the asphalt plants work at night and must pay overtime to their workers, the work can be performed in less time as they do not have to constantly adjust the traffic control to accommodate the businesses, shoppers and commuters. Nearly all of the bids received on (March 2, 2010 showed that the work could be performed at the same price or cheaper than performing the work during normal daytime hours. Thus, staff incorporated the night time grinding and paving operations into the base bid. The base bid and additive alternates were listed as follows: Base Bid Asphalt Overlay — East Grand to Brisco licrosurfacing — Brisco to Camino Mercado Asphalt Overlay — Camino Mercado to Oak Park Alternate A Perform Asphalt Overlay of Camino (Mercado Segment Alternate B Asphalt Concrete O verlay in Lieu of Microsurfa ing between Brisco Road and Camino Mercado ANALYSIS of ISSUES: O April 15, 2010, sic bids were opened for the West Branch Street Resurfacing urfacing Project (see Attachment No. 1). Staff established a baseline amount of $1,000,000 as the award criteria. The lowest responsible bid that is below the threshold amount was received from Granite Construction Company in the amount of $820,764 (Base Bid of $767 + Alternate "A„ of $53,509 = $820,764). It should be noted that Granite Construction Company would also be the low bidder based solely on the Base Bid or by combining the Base Bid with the total of both alternates. Agenda Item 8.f. Page 2 CITE COUNCIL CONSIDERATION of AN AWARD ARD of CONTRACT To GRANITE CONSTRUCTION COMPANY FOR CONSTRUCTION STRUCTION F THE WEST BRANCH STREET RESURFACING CING PROJECT, P II2008 8 APRIL, 2010 PAGE 3 Staff recommends an award of contract to Granite Construction Company in the amount of $820,764 for construction of the Base Bid and Alternate "A vork is expected to begin in May 20 10 and complete by the end of September 2010. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Award a construction contract to Granite construction Company for the Base Bid and Alternate "A" ; 2. Award a construction contract to Granite Construction Company for the Base Bid, Alternate "A" and Alternate "B "; 3. Do not award a construction contract for the project at this time; 4. Provide direction to staff. ADVANTAGES: The Pavement Management Program evaluates the city's street inventory and identifies preventative maintenance and rehabilitation strategies. Each street is inspected and rated in accordance with an established criteria. used on this information, a Pavement Condition Index (PC[) is established for each street segment, ranking from o to 100, with "o" being a street in need of major reconstruction and a 100" being a new or well - maintained street. The general goal is to bring every street up to at least a "fig" rating which would then enable less expensive maintenance procedures (such as slurry sealing) to be performed. West Branch street is a major collector street in the City's circulation system and has been steadily deteriorating. The Pavement Management Program currently lists West Branch street with a Pavement condition Index (PCI) of "24". Performing an asphalt concrete overlay will provide a stronger and more durable roadway section that will extend the life of the pavement and reduce the need for 'maintenance. Likewise, the performance of a microsurfacing application between Brisco Road and Camino Mercado will also require less maintenance. Delaying maintenance for West Branch Street will only increase deterioration, resulting in much more expensive repair procedures in the future. Staff did not include Alternate B in the recommendation for contract award. Alternate B provides for an asphalt concrete overlay in lieu of microsurfacing between Brisco Road and Camino Mercado. The roadway in this segment is actually in good condition, but is starting to experience the effects of aging, such as shrinkage cracks and minor it alligat ring ". This segment has exceeded the standard b to 7 year membrane recommendation, but is still a viable candidate for a microsurfacing application. The performance of an asphalt overlay, although obviously the best application, is not necessary as a 'maintenance technique. The City's Pavement Management Plan Agenda Item 8.f. Page 3 CITY COUNCIL CONSIDERATION ERATIOI of AN AWARD of CONTRACT To GRANITE CONSTRUCTION COMPANY FOR CONSTRUCTION of THE WEST BRANCH STREET RESURFACING PROJECT, PW 2008 8 APRIL 27,2010 PAGE recommends that an asphalt concrete overlay on an arterial street receive a microsurface maintenance within 7 gears. This correlates with the schedule for performing the regular 7 year circle for the application of mi rosurfa ing applications. Thus, the Pavement Managem ent Plan would require a mi crosurfacing application over the entire length of West Branch Street 7 gears following completion of this project. The bid prices received were well below the Engineer's Estimate. The savings will enable funds to be redirected towards other resurfacing projects for El Camino Deal, the streets surrounding Arroyo Grande High School (Orchard street, West Cherry Avenue, Pilgrim street and Arroyo Avenue) as well as Myrtle Street, Pecan Place, South Alpine, a nd/or imp to short Street. DISADVANTAGES: The specified mix for the microsurfa ing operations uses a black aggregate (rock) that tends to Keep its color much longer than asphalt overlay aggregate. Thus, the asphalt oveda r segments will turn gray after several months whereas the rni rosurfa ing segments will retain their color for years. Therefore, the roadway segments will not match in color as has occurred following the James Way project. ENVIRONMENTAL REVIEW: The project is categorically exempt from CE QA pursuant to Guidelines Section 1 301 . PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted on Thursday, April 22, 2010. The agenda and staff reports were posted on the City's website on Friday, April 23, 2010. No public comments were received as of the time of preparation of this report. Attachment: 1. Bid Tabulations Agenda Item 8.f. Page 4 pJXR A . • W OAP PIATED C, imy 10, leis BID OPENING LOG SHEET JF0 CITY of ARROYO GRANDE DEADLINE: April 15, 2010, 2:00 p.m. West Branch Street Resurfacing SUBMIT-TED Y: TOTAL ALT. Burke Corporation $889,205.00 $83,940.00 San Luis Obispo, CA So Construction, Inc. $859 San Luis Obispo, CA CalPortiand Construction $758,386.50 Santa Maria, CA Granite Construction Company $787 , 1 255.00 Santa Barbara, CA Paprch Construction, Inc. $778,783.84 Pismo Be CA California Coastal Development $846,359.00 Santa Maria, CA $69,559.00 $71,114-00 $53,509-00 $'138,888.00 $84,801.00 $190,259-00 $58,280.30 $1719158.00 ATTACHMENT 1 ALT. R $215 $204,048.00 $198 Kelly Wetrhorq, City Clerk : Director of Community Development Assistant City Engineer City Manager Agenda Item 8.f. Page 5 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.f. Page 6 R INCORPORATED \JULY ,a. ,e, t * c` MEMORANDUM To: CITY COUNCIL FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: MIKE LINT , ASSISTANT CITY ENGINEER SUBJECT: CONSIDERATION of AN AWARD of CONTRACT To FERRA AI TI GRADING & PAVING FOR CONSTRUCTION of THE PEAR1 OOD AVENUE REHABILITATION PROJECT, PW 2010-03 DATE: APRIL 27, 2010 RECOMMENDATION: It is recommended the City Council: 1. award a contract for the Pear rood Avenue Rehabilitation Project to Ferravanti Grading & Paving in the amount of $98,860# and 2. authorize the Cit y Manager to approve change orders for 10% of the contract amount, $9,890, for unanticipated costs during the construction phase of the project (total construction costs = $98,889 + $9,899 = $108,750). FINANCIAL IMPACT: The capital Improvement Program budget includes approximately $146,809 for the Pearwood Avenue Rehabilitation project. The Engineer's Estimate is - $125,990, not including testing, inspection or contract administration. BACKGROUND: On Mauch 9, 201 g, council approved the construction plans and specifications for the Pear good Avenue rehabilitation Project and determined that the project was categorically exempt from CE QA pursuant to Section 15891 (c). The Pavement Management Master Plan recommends a PCI (Pavement Condition Index) of 75 (out of a possible score of 1 9 ) for Cit y streets. The Pet for Pearwood Avenue is 51, which qualifies the roadway to receive the asphalt concrete overlay treatment. Based on a geotechnical analysis and recommendations, staff designed the project for a to inch asphalt concrete overlay. Agenda Item 8.g. Page 1 CITY COUNCIL CONSIDERATION ATIOI of AN AWARD of CONTRACT ACT To FER AVANTI GRADING PAVING FOR CONSTRUCTION of THE PEAR WOOD AVENUE REHABILITATION PROJECT, PW 201 0=03 PFIL2, 2010 PAGE 2 ANALYSIS of ISSUES: On April 6,, 2010, twelve bids were opened for the Pearwood Avenue Rehabilitation Project. The lowest responsive bid, from Ferravanti Grading & Paging, was in the amount of $98,860. Staff has determined the bid to be responsive and recommends the award of a construction contract to Ferraanti Grading & Paving. The contract time is 30 calendar days. Work is expected to begin in early May and complete by raid -June. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Approve staffs recommendations to award a construction contract to the lowest responsive bidder; 2. Do not award a construction contract for the project at this tire or 3. Provide direction to staff. ADVANTAGES: The bid price of $98,860 is well belo w the Engineer's Estimate of $125,000. Pearwood Avenue was constructed in 19 and has had little roadway maintenance since that time. Prolonging the application of the asphalt overlay at this time will only result in having to perform more expensive repairs to the roadway in the future. DISADVANTAGES: TAGES: The only disadvantage would be if funding was committed that would not be available for a higher priority project, but staff does not believe this will occur given the priority of this project and other projects under gray. ENVIRONMENTAL TAL F E IEW: The project is categorically exempt from CE QA pursuant to Guidelines Section 15301 c. PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted on Thursday, April 22, 2010. The agenda and staff reports were posted on the City's website on Friday, April 23, 2010. No public comments were received as of the time of preparation of this report. Attachment: 1. Bid Tabulations Agenda Item 8.g. Page 2 RO Attachment I INCORPORATED BID OPENING LOG SHEET 'r 10, lei CITY of ARROYO GRANDE DEADLINE: April 6, 2010, 2:00 p.m. Pearw od Avenue Pavement Rehabilitation SUBMITTED BY: TOTAL Hardy & Harper $147,566.25 Santa Aria, CA Toste Grading & Paving Grover Beach, CA Papi h Construction Pismo Beach, CA Jayson Fisher Arroyo Grande, CA Rockwood General Contractors Niporro, CA Ferravanti Paving Paso Robles, CA Brough Construction, Inc. Arroyo Grander CA a lPortland Construction Banta Maria, CA R Burke Corporation San Luis Obispo, CA Granite Construction Banta Barbara, CA Souza Construction San Luis Obispo, CA Michael Frederick Paving Corporation Atascadero, CA Kelly Wetfno ICity Clerk c: Director of Community Development Assistant City Engineer City Manager $103 $128,230.3' $114,379.50 $119 $98,860.00 $111,943.75 $104 1 09,360.00 104,747.00 $116 $126 Agenda Item 8.g. Page 3 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.g. Page 4 INCORPORATED t? nt JULY M 1911 0 q MEMORAND F TO: CITY COUNCIL 40 � FROM: TER ESA IIIIccLISH, COMMUNITY DEVELOPMENT DIRECTOR i BY: LES EVANS, PROJECT ENGINEER SUBJECT: CONSIDERATION TO ADOPT A RESOLUTION ACCEPTING CERTAIN IMPROVEMENTS FOR CONDITIONAL USE PERMIT NO. -006 IN CONNECTION WITH THE LUCIA MAR MINIFIED SCHOOL DISTRICT STANLEY AVENUE PROJECT DATE: APRIL 27, 201 RECOMMENDATION: It is recommended that the City Council adopt a resolution accepting certain. improvements for Conditional Use Permit -006 located on Stanley Avenue, south of Huasna Road and release the bond guaranteeing the improvements. FUNDING: There are Minor financial impacts in that maintenance of the grater and drainage facilities will be funded from City maintenance funds in future years. Ho wever, the District has agreed to continue to maintain the pavement and wal on Stanley Avenue. Lucia Mar Unified School District will provide a one-year warranty bend insuring any defects that may appear in the improvements. BACKGROUND: O n October 3, 2006 the Planning Commission held a public hearing and adopted a Resolution approving Conditional Use Permit 6 -0 for the development of an Operation and Maintenance Facility associated with the Lucia Mar Unified School District. After the Planning Commission's decision, the applicant filed an appeal and met with staff in an effort to reconfigure the project to reduce costs of improvements that are generally associated with private developments and not those of special districts. The primary proposed change involves Stanley Avenue, which was previously dedicated to the City, but the City nearer accepted maintenance since the roadway is not built to City standard The conditions recommended to the Planning Commission assumed upgrading the street to City standards in order to obtain City acceptance. However, the District agreed to continue assuming responsibility for maintenance of the roadway in order to eliminate costly upgrades. Agenda Item 8.h. Page 1 CITY COUNCIL CONSIDERATION TO ADOPT A RESOLUTION ACCEPTING CERTAIN IMPROVEMENTS FOR CONDITIONAL USE PERMIT NO. 06 -006 APRIL 27, 2010 PAGE 2 The City council upheld the appeal and approved Conditional Use Permit N. o -ooh on November 28, 2006 subject to conditions of approval. The conditions included requirements from the Community Development Department, Building and Fire, Recreation and Maintenance Services, and Public Works Department. ANALYSIS of ISSUES: As a condition of the conditional Use Permit, the applicant was required to provide certain public improvements. It was agreed that the District would not request the city to maintain improvements to Stanley Avenue. Improveme to Stanley Avenue: Construct new asphalt pavement from intersection of Branch Street and Stanley Avenue to deed end. Construct decomposed granite pedestrian path from Branch street intersection to dead end, one side only. Construct speed table with crosswalk adjacent to Transportation Yard /basketball oou rts. Other Improvements: Install landscaping. Upgrade the existing fire hydrant to City standards. Install a backflo w prevention device on the water service. 0 Install a commercial fire sprinkler system per city standards. Upgrade the existing drainage structure and discharge pipe at the end of Stanley Avenue by: 0 Installing a filter system consisting of a bio- filtration swale, fossil filter, or similar improvement; and 0 constructing improvements necessary to correct any existing or future conditions causing erosion to the creek bank. All improvements have been completed and inspected. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Accept the improvements and release the bonds; 2. Do not accept the improvements or release the bond; or 3. Provide other direction to staff. ADVANTAGES, By accepting the public improvements the City will have o wnership and control of certain facilities in the public right-of-way and within dedicated easements. Agenda Item 8.h. Page 2 CITY COUNCIL CONSIDERATION TO ADOPT A RESOLUTION ACCEPTING CERTAIN IMPROVEMENTS ENTS FOR CONDITIONAL. USE PERMIT NO. 06-006 APRIL 27, 2010 PAGE 3 DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: No environmental review is required. PUBLIC NOTIFICATION AID COMMENTS: The agenda for this meeting was posted at City Hall on Thursday, April 22, 2010 and the agenda and staff report ware posted en the City's website on Friday, April 23, 2010. As of the writing of this staff report, no public c omment had been received. Agenda Item 8.h. Page 3 RESOLUTION No. RESOLUTION of THE CITY COUNCIL CIL of THE CITY OF ARROYO GRANDE ACCEPTING CERTAIN I IMPROVEMENTS FOR CONDITIONAL AL USE PERMIT No. 06-006; LOCATED ON STANLEY AVENUE SOUTH of HUASN ROAD; APPLICANT: LUCIA MAR UNIFIED SCHOOL DISTRICT WHEREAS, S, the City Council approved Conditional Use Permit No. 06-006; located on Stanley Avenue South of Huasna load on November 2, Zoo; and WHEREAS, EAS, the project was conditioned to construct certain public improvements; and WHEREAS, EAS, the developer has constructed the improvements required by the conditions of approval for Conditional Use Permit No. 06-006; and WHEREAS, staff has inspected the improvements and finds they are constructed in accordance with the approved plans for the project; and WHEREAS, EAS, the developer has provided the 10% warranty security as required by the conditions of approval, to be released at the conclusion of the one -year warranty period, provided the improvements are still in satisfactory condition. NOW, THEREFORE, E, BE IT RESOLVED E that the City Council of the City of Arroyo Grande does hereby accept the following improvements for Conditional Use Permit No. 06-006: 1. Fire Hydrant 2. 18" drainage culvert pipe and inlet and outlet structures. 3. Rip rap outfall into creeks. O motion of Council Member Council Member , seconded by Council Member , and by the following roll call Grote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of April 2010. Agenda Item 8.h. Page 4 RESOLUTION NO. PAGE 2 TONY FER AI A, MAYOR ATTEST: KELLY WETMO E, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER EF APPROVED AS TO FORM: TIMOTHY . CA MEL, CITY ATTORNEY Agenda Item 8.h. Page 5 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.h. Page 6 ft 0 GN WCORPORATED r� JMY 1 01 l MEMORANDUM 1F To: CITY COUNCIL Y: TIMOTHY J. CA MEL, CITY ATTOI NE SUBJECT: CONSIDERATION of A RESOLUTION RESCINDING THE APPROVAL OF THE MITIGATED NEGATIVE E DECLARATION, VESTING TENTATIVE PARCEL MAP CASE No. -001 AND MINOR EXCEPTION CASE No. -006 (605 EMAN COURT DATE: APRIL 2, 201 RECOMMENDATION: It is recommended that the Council adopt the attached Resolution rescinding the approval of the Mitigated Negative Declaration, Vesting Tentative Parcel Map Case No. 05 -001 and Minor Exception Case No. 05-006 (695 Er nan Court). FINANCIAL IMPACT: None. BACKGROUND: O n June 7, 2099, the Planning Commission adopted Resolution No. 09 -2085 approving a Mitigated Negative De Nesting Tentative Parcel M N. 05 -991 and Minor E No. o -ooh authorizing a three lot re subdivision of ar 1.28 acre parcel, and minor deviation from the wall height and lot depth requirement {the 91 project"). on July 17, 2009, an appeal of the Planning Commission action in approving the project was filed by Chris Diedri hsen, who resides at 582 Newman Drive, located adjacent to the project site. The appeal was originally scheduled for c onsideration by the City Council on August 2, 2009. on August 2, 2009, City staff received a co m m ent lette fro Atto Babak Naficy exp conce regarding environmental issues related to the project. At the August 25, 2010 meeting, c on s ideration of the project was continued to ar date uncertain by the Council, pending recirculation of the Initial Study and Mitigated Negative Declaration IS/MND . The IS/MND was recirculated and reprised to include comments and recommended mitigation measures from two 2 ) commenting agencies. The City Council next considered the project at a duly noticed public hearing on December 8,, 2009, at which time the matter was continued to the meeting of February 9, 2010, pending additional project referrals to the National oceanic and Atmospheric Admini and the Northern Chum ash Tribal Council. on February 9, 201 the Council adopte Resolution No. 4251, denying the appeal and upholding the Planning Commission's approval of the project. Agenda Item 8.i. Page 1 CITY COUNCIL CONSIDERATION N of A RESOLUTION RESCINDING THE APPROVAL of THE MITIGATED NEGATIVE DECLARATION, VESTING TENTATIVE PARCEL MAP CASE No. -001 AND MINOR EXCEPTION CASE No. -006 (605 EMAN COURT) APRIL 27, 2010 PACE 2 On March 26, 2010, a Petition for Writ of Mandate (the "lawsuit" ) was filed by the appellant challenging the adoption of the Mitigated Negative Declaration and other project approvals. O or about April 2 2010, the City tendered its defense of the lawsuit to DeBlauw Builders, Inc. "DBI" per the project conditions of approval. O or about April 8 , 2010, a letter was received from Attorney, John Belsher (copy attached ) on behalf of DBI requesting that the City rescind its approval of the subject entitlements as result of "the overall economic climate, the cost of meeting the conditions of approval, and the cost defending the Petition." ANALYSIS of ISSUES: The applicant and the City strongly believe that the subject lawsuit is without merit. However, for the reasons stated above, the applicant has requested that the City take all necessary action to rescind the approval of the Mitigated Negative Declaration and all project entitlements. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Adopt the Resolution Vacating, Setting Aside and Rescinding cinding the Approval of the Mitigated Negative Declaration, V esting Tentative Parcel Map Case No. -001 and Minor Exception Case No. 05-006 g Er an Court). 2. Modify and adopt the Resolution Vacating, Setting Aside and Rescinding the Approval of the Mitigated Negative Declaration, V esting Tentative Pa rcel Map Case No. 05-001 and Minor Exception Case No. 05-006 (605 Erman Court). 3. Provide direction to staff. A DVANTAGES: Although the applicant is required by the project conditions of approval to defend and hold the City harmless in the litigation, inevitably, there is some City staff time and resources associated with monitoring and defending the subject lawsuit that are not recoverable. Adoption of the Resolution will rescind all project approvals and stop the lawsuit from proceeding. DISADVANTAGES: Staff can identify no disadvantages to adopting the Resolution. ENVIRONMENTAL ONMENTAL I E IEI : There is no environmental review required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, April 15, 2010. The Agenda and report were posted on the City's rrebsite on Friday, April 16, 2010. Agenda Item 8.i. Page 2 CITY COUNCIL CONSIDERATION OF A RESOLUTION RESCINDING THE APPROVAL OF THE MITIGATED NEGATIVE DECLARATION, VESTING TENTATIVE PARCEL. MAP CASE NO. 001 AND MINOR EXCEPTION CASE NO. -006 (605 EMAN COURT APRIL 27, 2010 PAGE 3 At hment: 1 . letter dated April 8 , 2010 from John Belcher, o behalf of De leu w Builders,, Ire c. Agenda Item 8.i. Page 3 RESOLUTION No. RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO o o GRANDE VACATING, SETTING ASIDE AND RESCINDING THE APPROVAL of A MITIGATED NEGATIVE DECLAMATION, VESTING TENTATIVE PARCEL MAP CASE No. 05x001 AND MINOR EXCEPTION CASE No. 05. (605 ELAN COURT) T WHEREAS, on July 7, 2009, the Planning Commission of the City of Arroyo Grande, after a duly noticed public hearing, adopted resolution 09 -2085 approving a Mitigated Negative Declaration, Nesting Tentative Parcel Map No. 05-001 and Minor Exception Case No. 0 -008 (collectively the "project ", applied for by Delauw Builders, Inc. CDBI"); and WHEREAS, EAS, an appeal of the Planning Commission decision was filed by Chris Diedrihsen on July 17, 2003; and WHEREAS, S, on August 2 , 2009, at a duly noticed public hearing the City Council considered the appeal; and WHEREAS, EAS, consideration of the appeal was continued to a date uncertain by the City Council, pending recirculation of the Initial Study and Mitigated Negative Declaration; and WHEREAS, after recirculation and revision of the Initial Study and Mitigated Negative Declaration, the project was re- noticed and rescheduled for consideration by the Council on December 8, 2009, at which time the project was continued to February g, 2010, pending additional project referrals; and WHEREAS, on February g, 2010, the City Council adopted Resolution No. 4251 denying the appeal and upholding the Planning Commission's approval of the project, and IfHE EAS, on March 28, 2010 a Petition for Writ of Mandate was filed by the appellant challenging the project approvals (the "lawsuit"); and WHEREAS, E S, on April 8, 2010, a letter was received from the legal representative of [CBI requesting that the City rescind its approval of the project as a result of the overall economic climate, the cost of meeting the project conditions of approval and the cost of defending the lawsuit. Noll, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, that the approval of the Mitigated Negative Declaration, Nesting Tentative Panel Map Case No. 05-001 and Minor Exception Case No. 05-006 is hereby vacated, set aside, and rescinded. Agenda Item 8.i. Page 5 RESOLUTION N . PAGE E IT FURTHER RESOLVED that Resolution Flo. 4251 is hereby repealed in its enti rety. On motion of Council Member and by the following roll call Grote, to grit: , seconded by Council Member , AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 2010. Agenda Item 8.i. Page 6 RESOLUTION NO. PAGE TONY F E RFRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN DAIS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARM E L, CITY ATTORNEY Agenda Item 8.i. Page 7 FROM BEL HER & BE KER 805 -542 -9849 (THU) APR 8 201 0 1 T. 1 No. 6820429692 P 1 ATTACHMENT 1 John W. Belcher Howard M. Becker Steven P. Roberts Gregory A. Connell Ell BE Belsher,Becker&Roberts ATTORNEYS AT LAW 43.2 Marsh Street San Luis Obispo, CA 934 April 8, 2010 Timothy J. Carmel CARMEL & C ACCASHA LLP Post Off ice Box 15729 San Luis Obispo, CA 93401 ply: 805 - 542 -9900 fax: 80 5 - 54 2- 994 info@bbrlawfirm.com www.bbrla f1rm- orn VIA FAX 885- 548 -801 RE: Vesting Map 05-001 & Minor Exception -008 DeBlam Project) Dear Mr. Carmel: This firm represents the DeBlauw family interests, who are the applicants and owners for the above - referenced project. I am advised that my client and the City have been served with a petition for writ of mandate, brought by a neighborhood association and Chris Diedrichsen, who lures adjacent to the project (the "Petition"). I have not read the Petition nor evaluated its claims in any way. The decision of my client set forth herein is independent of the possible merit of any such claims. Due to the overall economic climate, the cost of meeting the conditions of approval and the cost of defending the Petition, my client will take no action to implement the DeBlauw Project and hereby requests the City rescind the. approvals of the referenced entitlements, including certification, approval or findings as to any related CE QA document or determination. We request that you advise the Petitioners' attorney of this request and inform him that no legal defense or counter-attack on his client is planned or anticipated, unless the Petitioners' #torney Insists on moving forward in the face of this notice and incurs additional fees after this notice in which case his efforts and request for fees will be rigorously opposed). My client and I appreciate yo efforts on behalf of the City. Sincerely, BELSHER, BECKER & ROBERTS T Joh Bel Sher J11Bab cc: Duane DeBlauw R Q o n "s Files%De BIauw F mil l arme1 04 08 10.wpd Agenda Item 8.1i. Page 8 THIS PAGE INTENTIONALLY LEFT BLANK k 16. INCORPORATED ti y 10 loll MEMORANDUM F To: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER 4 1K SUBJECT: CONSIDERATION of A RESOLUTION APPROVING A THIRD SIDE LETTER of AGREEMENT To THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 MEMORANDUM of UNDERSTANDING DATE: APRIL 2, 201 RECOMMENDATION: : It is recommended the City Council: 1 adopt a Resolution approving a Third Side Letter of Agreement to the Service Employees International Union Local 620 SEIU Memorandum of Understanding OU); and 2 authorize the City Manager to execute the Agreement. FINANCIAL IMPACT: Approval of the side Letter of Agreement will result in a savings of approximately $75,000 to the City in FY 2010-11. BACKGROUND: D: One of the strategies to address the revenue shortfall in FY 2010-11 recommended b staff was to negotiate additional concessions from the City's labor unions in order to reduce personnel costs. The existing MOU with SEIU is due to expire on .June 30, 2010. As a result, the City Manager has been involved in discussions with representatives from each of the labor organizations for several months. Agreement has been reached with SEIU for modifications to their existing Il OU and the amendments were approved by the Union's membership. ANALYSIS of ISSUES: The existing MOU with SEW originally provided for a % salary increase in FY 2009 -10. Through a Side Letter of Agreement approved last year, the full increase was delayed until June 2, 2010. Due to the projected budget shortfall in FY 2010-11, staff has negotiated an additional Side Letter of Agreement to further delay % of the % increase until ,June 23, 2011. Agenda Item 8.j. Page 1 CITY COUNCIL CONSIDERATION OF A RESOLUTION APPROVING A SECOND SIDE LETTER OF AGREEMENT TO THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 MEMORANDUM OF UNDERSTANDING APRIL 27, 2090 PAGE 2 In exchange, the City is ensuring the SEW that there will be no additional layoffs through the next fiscal year. However, the City has maintained the right to layoff a child care coordinator position if the current efforts to redu costs and/or increase revenue of the Children In Motion program are unsuccessful. The Side Letter of Agreement also includes an escape clause that will enable the City to enact additional layoffs if revenues fall below a specified level. If such layoffs become necessary, the City will agree to amply therm first to part - time employees performing similar responsibilities to that of full -time employees, subject to proposed layoffs. Lastly, the Side Letter of Agreement provides for additional incentive pay to maintenance staff for water treatment and distribution certifications. This will assist the City in its efforts to increase training and flexibility of maintenance workers and help to address pay inequities of grater maintenance workers when compared to other jurisdictions in the County. ALTERNATIVES: The following alternatives are provided for the Council's consideration: Approve and authorize the City Manager to execute the Third Side Letter of Agreement with SEIU; - Direct staff to renegotiate the terms of the Agreement; Do not ap prove the Agreement; or - Provide staff other direction. ADVANTAGES The terms of the Side Leger of Agreement will provide savings necessary to balance the FY 2010 -11 Annual Budget. An additional goal of the proposal has been to avoid full negotiations of a new MOU in order to resolve budget and labor relations issues as soon as possible. This will better enable the City to maintain positive morale and focus on important challenges facing the organization. DISADVANTAGES Terms of the Side Letter of Agreement will restrict the City's ability to enact additional layoffs in FY 2010 -11 until reductions in revenue reach a specified level. ENVIRONMENTAL ONMENTAL F E IE If: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted in front of City lull on Thursday, April 22, 2010 and on the City's website on Friday, April 23, 2010. No public comments were received. Agenda Item 8.j. Page 2 RESOLUTION No. A RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO OYO GRANDE APPROVING 1NG A THIRD SIDE LETTER of AGREEMENT To THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 MEMORANDUM of UNDERSTANDING WHEREAS, the City Council of the City of Arroyo Grande "City" deems it in the best interest of the City to approve a third side letter of agreement amending the Service Employees International Union Local 620 current Memorandum of Understanding, which includes modifications to salaries and benefits, as hereinafter provided. NOW, THEREFORE, E, E IT RESOLVED E by the City Council of the City of Arroyo Grande that: 1. An amendment to the Memorandum of Understanding "I I I " with the Service Employees International Union Local 620 "SEIU" is hereby approved, a copy of said amendment entitled "Third Side Letter of Agreement, Modification to Memorandum of Understanding" is attached hereto, marked Exhibit "A", and incorporated herein by this reference. 2. This Resolution shall become effective as f March 1, 2010. On motion of Council Member Council Member vote, to wit: AYES. NOES. ABSENT. seconded by and on the following roll call the foregoing resolution was passed and adopted this day of , 2o1 g. Agenda Item 8.j. Page 3 RESOLUTION NO. PAGE 2 TONY FER AF A, MAYOR ATTEST. KELLY 11 ETMO E, CITY CLERK APPROVED AS TO CONTENT: T: STEVEN ADAMS, CITY MANAGER APPROVED TO AS FORA, TIMOTHY J, CARMEL, CITY ATTORNEY Agenda Item 8.j. Page 4 Exhibit "A" THIRD SIDE LETTER of AGREEMENT MODIFICATION To MEMORANDUM of UNDERSTANDING For valuable consideration the receipt and sufficiency of which is hereby acknowledged, the City o Arroyo Grande ( "City") and the Service Employees International Union "SEW" do hereby agree to modify the current Memorandum of Understanding "MOU" between the City and SEIU as follows: 1. Article 1 shall be amended to extend the term of the Memorandum of Understanding through June 30, 2011. 2. Article 7.H shall be amended to delay ° of the 5% "Cost of Living Adjustment" (COLA) for all represented classifications effective on June 25 2010 to instead have % be effective on June 23, 2011 and 1% shall remain effective on June 25, 2010 as shorn in Attachments 1 and 2 of this Agreement. If the final results of the City's financial audit for FY 2009- 1 o identify revenues in excess of $100,000 over original budgeted amounts for the Street Fund and General Fund, exclusive of Local sales Tax, the MOU may be reopened for the purpose of discussing and considering accelerating the effective date of a portion of, or entire, COLA amount. I Article 7.1 shall be amended to read as follows 1. OTHER ADJUSTMENTS If a COLA i.,provided to any other labor group in FY 2009 -10 greater than 1% or earlier than June 2, 2010 or in Fly 2010 -11 greater than % for management or Fire, 4.5% for AGP A sworn, or 5 .5% for AGP A non - sworn, or earlier than June 23, 2011, increases for all employees represented by Union will be adjusted to be equal to the timing and/or greatest percentage amount of those increases. This provision shall not apply to inequity adjustments for individual classifications that are deemed necessary due to salary compaction issues with other classifications. 4. Article 9 shall be amended to add the following: Water Treatment and Distribution Certification Pay Effective June 2 2010, employees in classifications of Maintenance a 11 rker I, II, and III, Water services Worker, Public Works and Pans Lead Person, Sports Facility Coordinator, and Agenda Item 8.j. Page 5 Public Works and Parks Super shall receive special pay of 1 % of their base salary for each Water Treatment O perator Certification from the California Department of Public Health T1 through T3 received and maintained and eater Distribution Operator Certification D1 through D4 received and maintained up to a maximum of % for employees permanently assigned to the Water Services Section and 2% for employees assigned to other maintenance operations. Employees shall receive special pay for each certification obtained only as long as each individual certification is maintained. Employees may receive up to a total maximum of 7.5% for Educational Pay and Water Treatment and Distribution Certification Pay when combined. Employees shall not receive both Educational Pay and Water Treatment and Distribution Certification Pay for the same education completed. In such case that education completed to obtain later Treatment and Distribution Certifications qualify an employee to receive Educational Pay, the employee shall receive whichever is highest between the two special pay amounts. 5. Article 10 shall be amended to read as follows: ARTICLE 10. MEDICAL INSURANCE ANCE 10.1 Medical Insurance Benefits A. The base medical plan shall be defined as the Health Maintenance Organization HM program available to the City. If availability of an HMO to the City is discontinued by the :medical plan provider, the base plan will become the basic PPO plan available to the City by the existing :medical plan provider. B. The City will maintain health benefits through CaIPE S for calendar year 2010. 10.2 Cafeteria Plan A. Effective January 1, 2009, the City shall contribute an equal amount towards the cost of medical coverage under the Public Employee's Medical and Hospital Care Act PEIIHCA for both active employees and retirees. The City's contribution toward coverage x under PEMHCA shall be the minimum contribution amount established by CalPE S on are annual basis. Effective January 1, 2010, the City's contribution under PE IHCA shall be $105.00. B. Effective January 1, 2009, employees participating in the City's full flex cafeteria plan shall receive a flak dollar allowance to purchase group health coverage for :medical, dental and vision under the Agenda Item 8.j. Page 6 City's Cafeteria Plan. For the period of January 1, 2010 through December 31, 2010, the flex dollar allowance shall be $550.26 with respect to an employee enrolled for self alone, $1,008.74 for an employee enrolled for self and one family member, and $1 t 291.27 for any employee enrolled for self and two or more family members. bers. C. For the period of January 1, 2011 through dune 20, 2011, the flex dollar allowance shall be the amount in effect on December 31, 2010 plus 75% of any increase to the medical premiums for the base plan and 100% of any increase to the dental and vision insurance premiums. D. A portion of the flex dollar allowance ($105.00 for 2010) is identified as the City's contribution towards PE MCA. This amount will be adjusted on an annual basis as the PEI IHCA minimum contribution increases. Remaining flex dollars rust be used by employees to participate in the City's health plans. Employees who waive medical coverage under the Cafeteria Plan because he /she provided the City with written proof that medical insurance coverage is in force through coverage provided by another source consistent with any rules or restrictions on the City by the medical plan provider, can take flex dollars for the amount provided to employees enrolled for self alone (taxable income), deposit it into their 457 plan, or use it to purchase voluntary products. No remaining flex dollars may be redeemed. 6. Article 11 shall be amended to make New Year's Eve a full day paid holiday rather than a Y day paid holiday. 7. Article 1 shall be amended to eliminate Section 14.5 Furloughs 8. Article 24 shall be amended to replace the language added by the Side Letter of Agreement effective June 9, 2009 to instead read as follo ors A layoff of one Public Works Inspector position shall take effect on duly 1, 2009. An additional layoff of one Child Care Coordinator position may take effect on or after July '1, 2010 if deemed necessary by the City Council. The parties agree there shall be no additional loss of filled positions due to layoff represented by SEW Local 620 between the effective date of this Side Letter of Agreement and June 30, 2011 unless at any time during that period the City's FY 2009 -10 or Fly 2010 -11 General Fund Ending Fund Balance is projected to be reduced by 30 or more from the Fly 2008 -09 actual General Fund Ending Fund Balance due to action by State, County or Federal Government, an economic downturn in the local economy, the impacts of a catastrophic event or natural disaster, or any other unforeseen events outside the control of the City; or Agenda Item 8.j. Page 7 in the event the City's FY 2009-10 or FY 2010-11 General Fund revenues, excluding transfers, are projected to be reduced ° or more from the budgeted amounts for that year due to action by State, County or Federal Government, an economic downturn in the local e the impacts of a catastrophic event or natural disaster, or any other unforeseen events outside the control of the City. If any of these conditions occur, the Union shall be granted an opportunity to meet and consult with the City to discuss proposed alternatives to address the budget shortfall. If, in the judgment of the City, It becomes necessary to make a reduction in force not possible through attrition between the effective date of this Side Letter of Agreement and ,dune 30, 2011, temporary and permanent part - time employees will be subject to layoff prior to permanent full - time employees within the same division or department performing similar duties or tasks. For Local 620, Employees International Arroyo Grande Chapter Service Union, For City of Arroyo Grande Date Date Agenda Item 8.j. Page 8 R A. INCORPORATED MEMORANDUM is JULY 10, 1911 , 41 1 F Vt To: CITY COUNCIL FROM: TERESA I CCLISH, COMMUNITY DEVELOPMENT DIRECTOR Y: LES EANS, PROJECT ENGINEER SUBJECT: CONSIDERATION of ACCEPTANCE OF EASEMENTS TS AI D APPROVAL OF CONSERVATION EASEMENT AGREEMENT BETWEEN THE CITY AND THE COUNTY NTY of SAN LIT OBISP DATE: APRIL 27, 201 RECOMMENDATION: It is recommended that the City Council: 1 adopt a Resolution accepting a grant deed for the public facility property; 2 adopt a Resolution accepting a quitclaim deed for a portion of Pecan Place; and 3 approve the Conservation Easement Agreement between the City and the County. FINANCIAL IMPACT. There will be some minor maintenance costs associated with the maintenance of the portion of Pecan Place proposed to be accepted by the City. Additionally, there are historical drainage deficiencies that ultimately will have to be addressed by the City. An engineering study will be required for design and cost consideration. The City will also be required to fund the costs for upkeep and maintenance of the easement area, including trail maintenance, weed abatement, trimming of vegetation and removal of trash and debris. These costs are unknown, but could amount to several thousand dollars each year. The City currently maintains the portion of the easement area that includes the decomposed granite pathway over the existing sewer easement. As discussed at the City Council meeting of February 23, 2010, the estimated total cost for the pro posed Pol Station project is $6.2 million, which is proposed to be funded from a bond measure on the June 8, 2010 ballot. Debt service would be paid from a combination of special property tax assessment and local sales tax funds. Under the USDA program, the Federal government would be the purchaser of the bonds. By also refinancing the 2003 Fire Station bonds, the annual tax rate for property owners will not be increased as a result of the bond measure under the proposal. Agenda Item 8.k. Page 1 CITY COUNCIL APRIL 27, 201 ACCEPTANCE of EASEMEi TS AND oPEI SPACE AGREEMENT PAG E 2 BACKGROUND: On June 23, 2009 the City and the County entered into a Memorandum of Understanding regarding the acquisition of property at the northwest corner of Vilest Branch Street and rodeo Drive to accommodate a new police station. One of the provisions of the Memorandum of Understanding is that the County will deed the property to the City upon final approval by the city of the County's General Plan Amendment F e- zoning application, The County's General Plan Amendment/ e- zoning application was approved by the City Council on October 2, 2003. The Memorandum of Understanding also included a provision that the City would accept into its road system a portion of Pecan Place o wned by the County, but located within the City, that serves as access for several residential properties with the City. The final action by the City to comply with this provision is acceptance of a quitclaim deed for that portion of Pecan Place. Finally,, the Memorandum um of Understanding included the establishment of a perpetual Conservation Easement encumbering approximately 6.58 acres to be dedicated to the City by the County. The City approved a conditional use permit for the Police Station Building on February 23, 2010. The detailed building plans will go back to the Council for design review. ANALYSIS of ISSUES: Three actions are recommended for consideration by the City Council. First, a resolution is attached to adept a grant deed for the public facility property; secondly, a resolution is attached . to accept a quitclaim deed for a portion of Pecan Place; and lastly, a agreement is attached for the approval of the Conservation Easement Agreement between the City and the County. once the City Council approves these documents, the San Luis Obispo Board of Supervisor's can take action. The item is scheduled for the Board of Supervisor's meeting on M ay 25 t 2310, ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Adopt the attached Resolutions accepting the grant deed and quitclaim deed and approve and accept the Conservation Easement Agreement; 2. Do not adopt the attached Resolutions; ns; 3. Provide direction to staff ADVANTAGES: Approval of the project will fulfill the provisions of the Memorandum of Understanding between the City and the County by concluding the property acquisition for the Public Safety Facility. Agenda Item 8.k. Page 2 CITY COUNCIL APRIL 27, 201 ACCEPTANCE of EASEMENTS ANI OPEN SPACE AG EEMENT PAGE 3 DISADVANTAGES: Staff has not identified any disadvantages of approving the Resolutions. ENVIRONMENTAL REVIEW: In compliance with the California Environmental Quality Act CE A , the Communit Development Department completed a Draft Initial Study and Mitigated Negative Declaration for the General Plea Amendment and re- zoning proposal that was adopted by the Council on October 27, 2010. Additionally, a mitigated negative declaration was prepared for the Police station building that was adopted by the City Council on February 23, 2010. A Notice of Exemption for Pecan Place is attached. PUBLIC NOTIFICATION AND COMMENTS: The agenda for this meeting was posted at City Hall on Thursday, April 22, 2010 and the agenda and staff report were posted on the City's website on Friday, April 23, 2010. As of the writing of this staff report, no public comment had been received. Attachments: 1. Conservation Easement Agreement between the City and County 2. Notice of Exemption Agenda Item 8.k. Page 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING A GRANT DEED FOR THE PUBLIC SAFETY FACILITY PROPERTY LOCATED WITHIN THE INCORPORATED AREA OF THE CITY OWNED BY THE COUNTY OF SAN LUIS OBISPO (APN 087- 011 -046) WHEREAS, The City of Arroyo Grande and the County of San Luis Obispo have entered into a Memorandum of Understanding regarding the acquisition of property for the new Arroyo Grande Public Safety Facility; WHEREAS, EAS, the Memorandum of Understand includes a provision that the County will deed the necessary Public Safety Facility land (APN 00 7-011-046) to the City upon final approval by City of County's General Plan Amend ment re oning application as described in the Memorandum of Understanding; WHEREAS,, the County's General Plan Amend r ent re oning application was approved by the Arroyo Grande City Council on October 2, 2010 which action is final; WHEREAS, in accordance with the terms of the Memorandum of Understanding the City has prepared a Grant Deed, and has otherwise satisfied the requirements of the Memorandum of Understanding; and NOW, THEREFORE, E, E IT RESOLVED ED that the City Council of the City of Arroyo Grande, does hereby accept the attached Grant Deed for the Public Facility property APB 007-011-046) described in Exhibit "A" attached hereto and incorporated herein by this reference, and authorizes the Mayor to execute a Certificate of Acceptance. On motion of Council Member and by the following roll call Grote, to it: , seconded by Council Member AYES: TOES. ABSENT. the foregoing Resolution was passed and adopted this day of 2010. Agenda Item 8.k. Page 4 RESOLUTION N. PAGE TONY FERRARA, MAYOR ATTEST. KELLY WETM RE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY ,J. CARMEL, CITY ATTORNEY Agenda Item 8.k. Page 5 RECORDING REQUESTED BY WHEN RECORDED REUTRI To. City of Arroyo Grande Attn: city Clerk Po Box 550 Arroyo Grande, CA 93421 Exhibit "A", FOR RECORDER'S USE ONLY GRANT DEED {NO RECORDING FEE -- EXEMPTS For valuable consideration, receipt of which is acknowledged, the County of San Luis Obispo, a political subdivision of the State of California "County") grants to the City of Arroyo Grande, a municipal corporation of the State of California "City" the real property in the city of Arroyo Grande, California A.P.N. 007-011-046), as more particularly described in attached Exhibit "A ", incorporated into this Grant Deed. . Dated as of , 201 . GRANTOR: County of San Luis Obispo, a political subdivision of the State of California By: Name. Its: State of California County of Frank R. Mecham Chairperson of the Board of Supervisors On , 2010 before rye, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons whose names is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacities and that his /her /their signature(s) on the instrument the persons or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature {SEAL} Agenda Item 8.1k. Page 6 Exhibit "A" LEGAL DESCRIPTION CITY F ARROYO GRANDE POLICE STATION File no: 0232.09010-00 0 April 22, 2919 That portion of Parcel 3 of Parcel Neap AG -87 -203 In the City of Arroyo Grande, County of San Luis Obispo, State of California according to the neap filed in Book 44 of Parcel [Daps at Page 96 in the Office of the County Recorder of said San Luis Obispo County lying westerly of the westerly right of gray lire of that 64 foot wide road labeled Oak Country Road on said map and presently know as Rodeo Drive. Containing 1.47 acres more or less. The above - described parcel of land is graphically shown on Exhibit "E" attached hereto and rude a part hereof. End Description ' T. . No. 6192 Exp. 3131112 '. F C Joseph T. Morris P.L.S. 6192 dated. 4/22/2010 License expires 8181112 Agenda Item 8.k. Page 7 0 14 of�S 5 H PO �,� � Z M �zo N Jo Ncy sr SCALE 0 50 700 200 7 INCH = 100 FEET N P0R�1E� 3. p �d�IP EXHIBIT B ,JOB . 232-910- 61 C LARI ON C OU RT P ITT1 1 PAS EL 3 44 /PM D WG : EXHIBIT. M LUIS OBI PO, C 9UO I CITY O ARROYO GRANDE DRAWN WN BY. M F � COUNTY NTY F SAN LEAS OBISPO, CA D TE WALLACE GROUP Agenda Item 8.k. Page 8 RESOLUTION No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING A QUITCLAIM DEED FOR THAT PORTION OF PECAN PLACE WITHIN THE INCORPORATED AREA OF THE CITY OWNED BY THE COUNTY OF SAN LUIS OBISPO (APN Q77- 192 -018) WHEREAS, the City of Arroyo Grande "City" and the County of San Luis Obispo have entered into a Memorandum of Understanding dated ,dune 23, 2009, regarding the acquisition of property for the new Arroyo Grande Public Safety Facility; and WHEREAS, EAS, the Memorandum of Understanding includes a provision that the City will accept that portion of Pecan Place owned by the County, located within the incorporated area of the City of Arroyo Grande that (APN 077-192-018), which serves as ingress and egress to several residential properties in the City; and WHEREAS, in accordance with the terms of the Memorandum of Understanding the County has prepared a Quitclaim Deed, and has otherwise satisfied the requirements of the Memorandum of Understanding regarding the procedures to be followed and notification of the residents of property served by Pecan Place; NOW, THEREFORE, E, BE IT RESOLVED that the City Council of the City of Arroyo Grande, pursuant to the provisions of Section 1 806 of the California Streets and Highways Code, does hereby accept the attached Quitclaim Deed described in Exhibit "A attached hereto and incorporated herein by this reference, for that portion of Pecan Place within the incorporated area of Arroyo Grand that is currently owned by the County (APN 0- 192 -918), accepts that portion of Pecan Place into the City maintained road system, and authorizes the mayor to execute a Certificate of Acceptance. On motion of Council Member and by the following roll call Grote, to wit: , seconded by Council Member AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 2010. Agenda Item 8.k. Page 9 RESOLUTION NO. PAGE TONY FERRARA, MAYOR ATTEST: KELLY WETMO E, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADMITS, CITY IIAIEF APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.k. Page 10 Ex hibit "' R ECORDING REQUESTED BY AND WHEN RECORDED DED ETU N To. Clerk of the Board of Supervisors County of San Luis Obispo 1055 Monterey Street San Luis Obispo, CA 93 FOR RECORDER'S EI 'S USE ONL QUITCLAIM DEED COUNTY BUSINESS--FREE. THIS DOCUMENT PRESENTED FOR RECORDIN DIN PURSUANT To GOVT. CODE SECTION 27883, FOR A V ALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, COUNTY OF SAN LIT O ISPO, a political subdivision of the State of California, does hereby remise, release and quitclaim to CITY of ARROY GRANDE, a municipal corporation of the State of California, any and all interest it has in reel property located in the incorporated area City of Arroyo Grande, County of San Luis Obispo, State of California, Assessor Parcel No. 077-192-018, described in Exhibit "A" attached hereto and incorporated herein. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed this day of April, 2010. COUNTY of SAN LUIS o ISPO: ATTEST: Chairperson of the hoard of Sup ervisors Clerk of the Board of Supervisors � p APPROVED ED As To FORM AND LEGAL Approved by the Board of Supervisors this EFFECT: WARREN EN I . JENSEN day of , 201 0. County counsel Assistant County Counsel Date: Agenda Item 8.k. Page 11 On , before me, Deputy County Clerk-Recorder, county of San Luis Obispo, State of California, personally appeared ,. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that ire /she executed the sane in his /her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon of which the person acted, executed the instrument. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JULIE L. RO E WALD, county Clerk- Recor and Esc- officio Clerk of the Board of Supervisors Deputy County Clerk-Recorder (SEAL) Page 2 Agenda Item 8.k. Page 12 Exhibit "A" LEGAL DESCRIPTION PECAN PLACE, CITY F ARROYO Y GRANDE APN: 077-192-018 File no: 0232.09010 - (0060) April 22, 2010 The easterly 20 feet of the southerly 247.8 feet of Lot 15 Block 2 of the wrap of the Fair Oaks Tract in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the wrap filed in Book 3 of Maps at Page 82 in the Office of the County Recorder of said San Luis Obispo County and described in the Deed with Document Number 36919 recorded July 28, 1 977 in Book 1 998, Page 814 of Official Records, ords, in the Office of the County Recorder of said County. End Description r N N D T. N. 6192 Exp. W31112 Joseph T. Morris P.L.S. 8192 dated: 41221201 License expires 3131112 Agenda Item 8.1k. Page 13 ATTACHMENT 1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Clerk of the Board of Supervisor County of San Luis Obispo 1055 Monterey Street San Luis Obispo, CA 93408 FOR RECORDER'S USE ONLY COUNTY 8 USI NE -- FREE. TH15 DOW ME T PRESE I TED FOR R ECO RD I NG PU RSUA T TO G O T. CODE SECTION 27383. CONSERVATION ATIOI EASEMENT AGREEMENT T This Conservation Easement Agreement ( "Agreement"), is made and entered Into this day of , 2010 by and between the County of San Luis Obispo, a political subdivision of the state of California, hereinafter celled "County 11 , and the CITY F ARROYO GRANDE, a municipal corporation of the state of California, hereinafter called "City ". IT lESSETH WHEREAS, EAS, County and City have entered Into a Memorandum of Understanding regarding acquisition of certain real property for the new City of Arroyo Grande Public Safety Facility that Included County's agreement to establish and dedicate to City a perpetual conservation easement of approximately 6.58 acres over a portion of the real property owned by the County and more particularly described on Exhibit A attached hereto (the "subject Property"). WHEREAS, the conservation easement is located on the subject Property and between Vilest Branch street, Rodeo Drive and Mercedes Lane (portions of APN's 007- 011-040 and 007-111-046), as more particularly described in Exhibit E attached hereto ( "Conservation Easement ", WHEREAS, the Conservation Easement has certain natural resources and natural scenic beauty including an unnamed creek, detention basin, trail and wildlife habitat area: and WHEREAS, both County and City desire to preserve and conserve for the public benefit the natural resources and scenic beauty of the Conservation Easement; and WHEREAS, the County has offered to dedicate this conservation easement to preserve the site's natural resources and scenic beauty by restricting County's and Agenda Item 8.k. Page 14 City's use of and activities on that portion of the Subject Property containing the Conservation Easement through the imposition of a perpetual conservation easement with the terms and conditions hereinafter set forth. NOW THEREFORE, E, in consideration of the above recitals, and in further consideration of the mutual promises, covenants and the conditions herein contained, the parties hereto agree as f ollows: County hereby grants to City, a conservation easement (the "conservation Easement" ) over that portion of the subject Property as shorn on Exhibit A and as further described on Exhibit B attached hereto and incorporated herein (the "Easement Area"). The Conservation Easement granted herein conveys to City an estate and interest in the Easement Area. The purpose of the Conservation Easement is to preserve,, protect and sustain the natural resources and scenic beauty, and to otherwise restrict the Easement Area as hereinafter set forth. 2. The restrictions hereby imposed upon the use of the Easement Area by County and city and the acts which County and City shall refrain from doing upon the Easement Area are, and shall be, as follows: a. No residential dwellings may be constructed or placed in the Easement Area. b. No commercial signs, billboards, or similar structures or devices or advertising of any kind or nature may be located on or in the Easement Area. c. No extraction of surface or subsurface natural resources may be allowed in the Easement Area, d. No filling, dumping, excavating, draining, dredging, raining, removing, exploring for or extracting minerals, loam, gravel, soil, rock, sand or other Material on or below the surface of the Easement Area, or granting or authorizing surface entry for any of these purposes. e. No altering the surface or general topographer of the Easement Area, including building roads, paging or otherwise covering the Easement Area with concrete, asphalt, or any other impervious material. f. No removing, destroying,, or cutting trees, shrubs or other vegetation, except as required for: i fire protection, fire breaks and removal of fire hazardous material; (ii) maintenance of existing foot trails or roads; (iii) Agenda Item 8.k. Page 15 prevention or treatment of disease and similar protective measures; or iv utility line clearance. g. No use of motorized vehicles, including off -road vehicles, e as needed for maintenance or construction within the Easement Area as allowed in this Agreement, h. No planting, introduction or dispersal of non - native or exotic plant or animal species. i. No permitting a general right of access to the Easement Area except the right of the public to access the existing trail located within the Easement Area and along its vest border. �. alone of the restrictions stated in Paragraph activities necessary for the installation ai drainage improvements or utilities on, and provided that said installation shall be appr impacts to the Easement Area, such unreasonably withheld. 2 shall be interpreted to prohibit id subsequent maintenance of r, or above the Easement Area, ved by the city with respect to approval which shall not be 4 . The Easement Area may not be subdivided for the purpose of development. b. The grant of easement contained in this Agreement shall be effective when it has been accepted by the City council for the City and by resolution of the County Board of supervisors, and it shall remain in effect in perpetuity unless abandoned or otherwise terminated by the County and the City or Its successors or assigns. 6 . The City shall be solely responsible for the upkeep and maintenance of the Easement Area,, including but not limited to geed abatement, trimming of all vegetation, removal of trash and debris, all trail maintenance and monitoring of illegal trespass activities. 7 . The terms and conditions contained herein shall be binding on the city and County, and their heirs, successors and assigns. 8 . city shall be responsible for any special assessments assessed to the Subject Property as a result of this Agreement. g. other than as specified herein, this Agreement is not intended to impose any legal or other responsibility on the City, or in any way affect any e Agenda Item 8.k. Page 16 obligation of the County as owner of the Subject Property, including the Easement Area. 10. Nothing contained in this Agreement shall limit or affect any easements that are of record and that have been heretofore granted by County on, over, under, or across the Su bject Property or any portion thereof. 11. Any time the Subject Property, or any portion thereof, including the Easement Area, or any interest in either of them, is transferred by the County to any third party, the County shall notify the City in writing at feast 30 days prior to such transfer, and the document of conveyance shall expressly incorporate by reference this Agreement. Any document conveying a lease of the Subject Property or of the Easement Area shall expressly incorporate by reference this Agreement. Failure of the County to do so shall not impair the validity of this Agreement or limit its enforceability in any way. 12. This Agreement may be amended only with the written consent of the County and City. Any such amendment shall be consistent with the purposes of this Ag reement. 13. This Agreement shall be interpreted under the laws of California, resolving any ambiguities and questions of the validity of specific provisions so as to give ma imum effect to its conservation purposes. References to authorities in this Agreement shall be to the statute, rule, regulation, ordinance or other legal provision that is in effect at the time this Agreement becomes effective. 14. No provision of this Agreement shall constitute governmental approval of any improvements, construction or other activities which may be permitted under this Agreement. The Easement created by this Agreement pursuant to Civil Code Section 815.1 shall run with the land in perpetuity. Every provision of this Agreement that applies to the County or City shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear. No merger of titre, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Subject Property or any portion thereof, to City, or its successors or assigns, it being the express intent of the parties that this Easement not be extinguished by, or merged into, or any other interest or estate in the Subject Property now or hereafter held by City or its successors or assigns. 15. cit shall defend, indemnify and hold harmless the County,, its officers and employees from any and all claims and demands, costs, expenses, D udgments, attorney fees or liabilities that may be asserted by any person or entity that arise out of or in connection with the ants or omissions relating to the performance of any obligation or duty required of the City under this Agreement. The obligation to indemnify shall extend to all such claims and Agenda Item 8.k. Page 17 losses, every when such claims or losses arise from the comparative negligence of the County, its officers and employees. However, this indemnity will net extend to any claims or losses arising out of the sole negligence or willful misconduct of the County, its officers and employees. 16. Any notices to County and City required by this Agreement shall be in writing and shall be personally delivered or sent by first class mail, to the following addresses, unless a party has been notified by the other of a change of address: To County: County General services Agency Attn: Real pro perty Manager 1 087 Santa Rosa St. San Luis Obispo, CA 98408 To City: City Manager City of Arroyo Grande 214 East Branch h street Arrow Grande, CA 98420 17. If any tern, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the agreement shell remain in full force and effect and shall in no way be affected, impaired, or invalidated. 18. City and County intend and consent to the recordation of this Agreement in the office of the County Recorder order of the County of San Luis Obispo,, and such recordation shall serve as constructive notice of the obligations contained herein to be performed by the parties. 19. As attested by the signature of its Mayor affixed hereto, in exchange for consideration, the City hereby accepts without reservation the rights and responsibilities conveyed by this Agreement. / / / / / / / / / / / / /NOTHING FURTHER BEYOND PHIS POINT EXCEPT SIGNATURES / / / / / / / / /// Agenda Item 8.k. Page 18 IN ITI SS WHEREOF, the parties hereto have executed this document on the der and year first written above. COUNTY of SAN LUIS OBISPO: B: Chairperson of the Board of Supervisors Approved by the Board of Supervi this day of _ , 2010. ATTEST. CITY of ARROYO GRANDE: By . Tony Ferrara, Mayor Date: ATTEST: Kelly Wetmore.. City Clerk APPROVED AS To FORM: Clerk of the Board of Supervisors APPROVED AS To FORM AND LEGAL EFFECT: WARREN R. EN County Counsel Timothy J. CarmeI City Attorney Date: By: Assistant County Counsel APPROVED E AS TO CONTENT: T: Date: Steven Adams, City Manager Date: Agenda Item 8.k. Page 19 STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO) On , before me, I Deputy County Clerk- Recorder,, County of San Luis Obispo, Mate of California, personally appeared ,, who proved to me on the basis of satisfactory evidence to be the person who a name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his /hey signature on the instrument the person, or the entity upon of which the person acted, executed the instrument. I certify under Penalty of Perjury under the Taws of the State of California that the foregoing paragraph is true and correct. WITNIESS my hand and official seal. JULIE L. RODEWALD, County Clerk- Recorder and Esc- Officio Clerk of the Board of Supervisors LM Deputy County Clerk - Recorder (SEAL) Agenda Item 8.k. Page 20 ULJ EXHIBIT ' RD' Lore c 141 I MB /73 t tc= SCALE : 1 "_ 1 50' PARCEL 3 M1 6 co . Is E XHIBIT A PORTION PARCEL 2,44/PM/9 PORTION LOT C, 14/MB 7 L2 4 3 TP B 1T f F ARROYO GRA 1DE P ' COUNTY OF : Al LUIS OB ISP O , CA JOB A 812 CLARION COURT s SAN LUIS OBtSPO, A834Q1 � ► T 905 544 -4011 F W5 W -4294 WALLACE GROUP www.wallacagmup.us 07 ARc FI W X v U Q Q vs, cj 1 I o A �te ooe ooe loo� ol ' �.� . > PARCEL 2 M6 LEGEND ■ -FD 6"X6" CONCRETE WITH BRASS PITH CHC MONUMENT PER R 1 & R 0 —FD 5 " REAR RCE 31581 PER R 7 —FD "X " CONCRETE WITH BRASS PITH CHC MONUMENT PER R P C —POINT OF COMMENCEMENT TP B —TRUE POINT O BEGINNIN R I —! PM 2 — 1P I DING: EX HIBIT A DRAWN BY .' MAC DATE:1911 SCALE l ' Agenda Item 8.k. Page 21 Exhibit "" LEGAL DESCRIPTION CONSERVATION EASEMENT File no: 0232.09010 -00 (0060) April 20, 2010 Portion of Parcel 2 of Parcel Map AG-87-203 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the reap filed in Book 44 of Parcel Maps at Page 96 in the office of the County Recorder of said San Luis Obispo County, and a portion of Lot C of Tract No. 1390 in the City of Arroyo G rande, County of Sari Luis Obispo, State of California according to the reap filed in Beek 14 of Maps at Page 73 in the office of the County Recorder of said San Luis Obispo County, said portions more particularly described as follows: Commencing at a found 6 inch by 6 inch concrete CHC monument marking an angle point in the southerly boundary line of said Parcel Map also being on the northerly right of way line of J.S. Highway 101 at the westerly terminus of course labeled N. 69 °56'40" W. 293.23' as shown on said Parcel Map and bearing south 66 °59'18" east 708.48 feet L1 , N. 66 °59'20" W record per 44/PM/96), from a found 6 inch by 6 inch concrete CHC monument marking an angle point in the said southerly line as shown on the map filed in Book 21 of Parcel Maps at Page 20 in the Office of the County Recorder of said San Luis Obispo County; Thence leaving said southerly line north 8 °23'10" east 122.42 feet L2, to a point on the northerly right of way line of West Brand Street at the westerly terminus of course labeled N. 76 W. 483.71' as shown on first said Parcel Map and being marked by a 8 inch rebar and cap RCE 31681; Thence along said right of way line south 6 0 32'16" east 79.41 feet L3, to the corner common to said Parcel 2 and Parcel 3 of said Parcel Map, and being marked by a 8/8 inch rebar and cap RCE 31 581 and the True Point of Beginning; Thence leaving said right of way line and along the common line of said Parcels 2 and 3 north 12 0 64'24' } east 108.45 feet L4; Thence continuing along said common line north 16 0 69'19" west 148.28 feet (L5), Thence continuing along said common line north 23 °43'01 east 179.38 feet (1-6); Thence continuing along said common line north 10 °47'46" east 230.99 feet L; Thence continuing along said common line north 14 °33'51" east 238.98 feet (L8), to the corner common to said Parcels 2 and 3 and also being on the southerly line of said Lot ; Thence north °53'43" east 261.00 feet 0, to a point in the southerly right of way line of that 52 foot wide street shown as oak Country Drive on the map of said Tract No. 1390 and presently know as Rodeo Drive, said point being the beginning of ,a non - tangent curve concave to the north having a radius of 726.00 feet and to which beginning a _radial line bears south 2 °27'16" east; Thence northeasterly along said right of gray line 233.86 feet through a central angle of 13 °26'24" 1 ; M Agenda Item 8.k. Page 22 Thence leaving said right of way line south 14 °51'31" east 87.90 feet L1 ; Thence south 1' west 1 32.95 feet L11 Thence south 53 °23'27" east 51.28 feet L 12 ) Thence north 48 east 243.44 feet L13; Thence north 4 *27'48'! east 58.09 feet L14, to a point in the southwesterly right of way line of that 82 foot wide street shown as Oak Fridge Drive on said reap and presently know as Mercedes Lane, said point being the beginning of a non- tangent curve concave to the southwest having a radius of 274.00 feet and to which beginning a radial lime beam north 64' east; Thence southeasterly along said right of way line 51.09 feet through a central angle of 1 g °41'02" (C2), to the most northerly corner of the "X Drainage Easement as shown on said map; Thence along the northwesterly line of said of said "A' Drainage Easement south 40 ' 0 38 , 45 99 west 89.28 feet (L1 5 ; Thence continuing along said northwesterly line and the northwesterly line of the Tree Preservation & "B Drainage Easement as shown on said map south 59°05'18" west 173.55 feet (L1 6 ; Thence continuing along said northwesterly line of the Tree Preservation & "B" Drainage Easement south 51' west 203.61 feet (L17), to the most westerly corner of said easement, also being a point in the northerly line of said Parcel 2; Thence leaving said northerly line south 14 *38'51" west 239.06 feet L18 ; Thence south 10 °47'45" west 230.99 feet L 19); Thence south 23 °43'01 " west 179.38 feet (L20); Thence south 16' east 1 43.23 feet (L21); Thence south 12 °54'24" west. 64.57 feet (L22), to a point in the said northerly right of way line of Vilest Branch Street; Thence along said northerly right of way line north 7 °32'16" west 211.85 feet L23, to the True Point of Beginning. Containing 8.53 acres more or less. The above- described parcel of land is graphically shown on Exhibit "A" and Tabulated on Exhibit B continued attached hereto and made a part hereof. End Description Joseph T. Morris P.L.S. 6192 dated: 4119/2010 vAND 80. , . 6192 x. 3131112 B-2 F c A0 . Agenda Item 8.k. Page 23 TAB ULATION LINE TABU LINE # LENGTH DIRECTION L l 703.43' 865° 59' 93 "E L2 122.42' N73 ° 23 10" L3 79.41" 576 32' 16 '* L4 103.45' N 12" 54'24 " L_5 143.23' N 16 ° 5 ' 1 " L6 179.38" N23 ° 43'0 ?'"E L7 236.99' N10° 47'46" L8 233.93' N14 33' 5 9 "E L9 261.00' N5° 53 '43"E L0 37.90' S14 ° "E L 9 1 132.95' S 1 G 36'38 "11 L 12 51. S53 23 2 7" E L 13 243. 44' N48 4 L 14 56.09' N64 ° 27' 46 " L 95 69.26' 540 ' "II L 16 173.65' S59 05' L 9 7 203.61 S 5 1'* 14' 33" L 18 239.06' 5 94 ° 33'5 1 " L 19 230.99' B 10 4 7' 46" W L20 79.36+ S23 43' 9 '* L21 943.23" 596 59' 19 "E L22 64 S 12 0 54'24"W L23 219.35' N 76 0 32' 16 '# W CURVE TABLE CURIE # LENGTH RADIUS I DELTA l 233. 726.00 ? 3 °L 6'24 " 2 51. 09' 274. 10 °41'02" EX T. JOB #. 232-910-060 612 CLAR COURT PORTION PARCEL 9 4 4/PM/96 D WG: EXHIBIT B � SAN LUIS OBI PO, CA 9 401 PORTION LOT S, 141M B/73 D RAWN BY: MM T 805 544 -4011 CITY R GRANDE DA TE .- 4119120 10 F 805 544-4294 .11«,. S LU BP, B -3 WALLACE GROUP Agenda Item 8.k. Page 24 ATTACH NOTICE OF EXEMPTION To: Office of Planning and Research From: 1400 Tenth Street Sacramento, CA 9581 OR County Clerk of the Board of Supervisor County of San Luis Obispo 1144 Monterey Street, Suite C Sari Luis Obispo, CA 93408 [:] MINISTERIAL (Section 15208) F EMERGENCY (Section 15269) C of Arroyo Grande P. Box 550 Arroyo Grande, CA 93421 CATEGORICAL EXEMPTION PER CEQA GUIDELINES - Section 15301 of the CE QA Guidelines determine � that the operation of existing facilities are exernpt from CE GA review. SIG NATURE: DATE RECEIVED FOR FILING: TITLE: doMMUNITY DEVELOPMENT DIRECTO DATE: 1.4-N � I _ Agenda Item 8.k. Page 25 Tl to advise that the City of Arroyo Grande City Council approved the above- described project and made the following determinations: THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.k. Page 26 Pk INCOAP AATED ,. UL V 10, 1911 MEMORANDUM ANDU TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE SUBJECT: CONSIDERATION F REVISED ISED PURCHASE AND SALE AND IMPROVEMENT AGREEMENT WITH ITT COMMERCIAL FOR ACQUISITION F PROPERTY TY AT 300 EAST BRANCH STREET AND SALE AND DEVELOPMENT OF CITY PROPERTY TY AT 200 AND 208 EAST BLANCH STREET AND THE ADJACENT PARKING AREA DATE: APRIL 2. 201 RECOMMENDATION: It is recommended the City Council approve the revised Purchase and Sale and Improvement Agreement with I KT Commercial. FINANCIAL IMPACT: The net total cost to acquire the 300 East Branch Street building is $1 ,'146,000 under the terms o f the Agreement. This is proposed to be funded from a $1.2 million loan through a USDA Community Facilities low- interest financing program. To make the improvements necessary to the 300 East Branch Street building, the total cost estimate is approximately $250,000 to $350,000. At the February 23, 2010 meeting, the City Council approved a Purchase and Sale and Improvement ent Agreement with I KT Commercial for acquisition of property at 300 East Branch Street and sale and development of City property at 200 and 20 East Branch Street and the adjacent parking lot. Conditions were identified that involved resolving the following three issues: 0 Feasibility of relocating pll City Full complex staff into the former Farm Credit building; 0 Whether to lease sell o utilize the existing City Fall building for operations; and 0 Funding source for the cost of property acquisition and improvements. Staff was directed to work with a subgroup of the City Council, composed of Mayor Pro Term Guthrie and Council Member Arnold, to develop recommendations. Agenda Item 8.1. Page 1 CITY COUNCIL CONSIDERATION OF REVISED PURCHASE AND SALE AND IMPROVEMENT AGREEMENT WITH NKT COMMERCIAL FAR ACQUISITION OF PROPERTY AT 300 EAST BRANCH STREET AND SALE AND DEVELOPMENT OF CITY PROPERTY AT 200 AND 208 EAST BRANCH STREET AND THE ADJACENT PARKING AREA APRIL 27, 2010 PAGE 2 Recommendations mr endations were presented and approved at a Special City Council Meeting on March h 29, 2010. The following decisions were agreed upon: 0 All City Hall complex staff will be relocated to the former Farm Credit building; The City will solicit proposals to lease the existing City Hall building; and The property acquisition and debt service will be funded through a combination of local sales tax, water and sewer funds as originally proposed. Additionally, NKT offered the following new provision: NKT agrees to repurchase the 30 East Branch Street property from the City for 2.'1 million at any time between 2 and 6 years, if requested by the City. ANALYSIS SIS of ISSUES: It is necessary for the City Council to approve revisions to the agreement in order to implement the terms approved at the March 29, 2010 meeting requiring NKT Commercial to purchase the ,property from the City in the future if requested. The proposed language is as follows: If, at anytime between two 2 years and sic years after the Effective Date of this Agreement, City, in its sole discretion, determines that continued ownership of Parcel 2 is no longer in the City's best interests, ITT shall repurchase Parcel 2 for TWO MILLION ONE HUNDRED THOUSAND DOLLARS $2,100,000.60, the "Repurchase Price" payable within one hundred and eighty days (1180 days) of NKT's receipt of City's written notification electing to invoke this provision. City agrees not to remove any tenant improvements that have become fixtures prior to conveying building to NIT if repurchased by NIT hereunder. In order to assure NKTrs repurchase of Parcel 2, NIT shall, no later than two 2 years from the Effective Date, execute a $600,000 Trust Deed in favor of the City and secured as a fiat priority lien against a panel of real property owned by ITT with value and equity equal to $600,000-00 or greater Non - substantive modifications were also made to address cleanup language. Remaining blanks were filled in, required milestone dates were extended due to the time delays in approving the project, and definition clarifications were added. Terms of the lease with the City were modified to extend the period of rent at no cost to the City through September 30, 2010. This represents an additional three months of rent at no cost to the City beyond what was previously negotiated. Provisions were modified to eliminate any liability requiring the City to address existing legal deficiencies of the buildings at 200 and 208 East Branch Street. Lastly, since escrow will not close until building permits are issued and fees are paid, the changes enable Agenda Item 8.1. Page 2 CITY COUNCIL CONSIDERATION ATI F REVISED PURCHASE AND SALE AND IMPROVEMENT AGREEMENT WITH NAT COMMERCIAL FOR ACQUISITION OF PROPERTY AT 300 EAST BRANCH STREET AND SALE AND DEVELOPMENT OF CITY PROPERTY TY AT 200 AND 208 EAST BRANCH STREET AND THE ADJACENT T PARKING AREA APRIL 27, 2010 PAGE 3 NKT Commercial t add fees to the purchase prices, which would have no impact on the City. ALTERNATIVES: The following alternatives are presented for consideration: 0 Approve the revisions to the Agreement; 0 Request NKT Commercial to consider alternate terms; 0 Do not approve the revisions, which would leave out the requirement of NKT D mmer ial to repurchase the property; or • Provide other direction to staff. ADVANTAGES: The offer of NKT Commercial t repurchase the 300 East Branch Street property will better ensure the City will not be negatively affected if it is determined at some time in the future that the building does not meet the City's needs in a cost effective 'manner. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: Staff has reviewed this project in compliance with the California Environmental Quality Act CEA, the CEA Guidelines and the City o Arroyo Grande Mules and Procedures for Implementation of CE A. An initial study was prepared and based on this analysis and a Draft Mitigated Negative Declaration was prepared and noticed for public review o October 6, 2009. The City Council adopted the Litigated Negative Declaration at the February 23, 2 010 Meeting. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was pasted in front of City Hail on Thursday, April 22, 2010 and on the City's website on Friday, April 23, 2010. No comments were received. Attachments: 1. Revised Purchase and Sale and Improvement Agreement with NKT Commercial Agenda Item 8.1. Page 3 le ATTACHMENT T I PURGE AND SALE AND IMPROVEMENT THIS AGREEMENT OF PURCHASE AND SALE AND IMPROVEMENT ("Agreement") is entered into as of (the "Effective Date" ) between The City of Arroyo Grande, a municipal corporation formed under the laws of the state of California (the "City) and NKT Commercial, LLC, a California limited liability company ("NKT"). The City and NIT are collectively referred to herein as the "Parties ". RECITALS WHEREAS, The City is the owner of that certain real property located in Arroyo Grande, California PIT: 007- 492 -004); WHEREAS, NKT is the owner of that certain real property located in Arroyo Grande California (APN: 007 - 493 -019) more particularly described in Exhibit B attached to and incorporated into this Agreement (collectively, `Parcel 2" ) (Parcel 1 and Parcel 2 are sometimes collectively referred to herein as the "Property "); WHEREAS, NIT desires to purchase a portion of APN 007- 492 -004 more particularly described in Exhibit A attached to and incorporated into this Agreement (collectively, "Parcel I") from City and City desires to sell Parcel l to NKT subject to the purchase and sale and development terms and conditions contained herein; WHEREAS, the City desires to Purchase Parcel 2 from NIT and NKT desires to sell Parcel 2 subject to the purchase and sale terms and conditions contained herein; NOW, , T REFORE, in consideration of the mutual covenants of the Parties and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: SECTION 1. Purchase and Safe. Subject to the terms and conditions in this Agreement, The City agrees to sell and NIT agrees to purchase Parcel 1; and NKT agrees to sell and the City agrees to purchase Parcel 2. SECTION 2. Purchase Price. Except as otherwise provided in Section 2c below, the purchase price to be paid by the City to NIT for Parcel 2 shall be TWO MILLION TWENTY THOUSAND DOLLARS ($2,020,000.00) (the "Parcel 2 Purchase Price" and the purchase price to be paid by NKT to the City for Parcel I shall be Agenda Item 8.1. Page 4 EIGHT" HUNDRED FORTY NINE THOUSAND DOLLARS ($849.,000.00) (the "Parcel 1 Purchase Price "). a) Parcel 1: i Within five ) days following the execution of this Agreement by all parties, NIT shall deposit with First American Title Company "Escrow Holder" the sung of $1,000.00 ("Deposit"); and (ii) On or before the Close of Escrow, ITT shall deposit the balance of the Parcel 1 Purchase Price with Escrow Holder. (b) Parcel 2: (i) within five ) days following the execution of this Agreement by all parties, the City shall deposit with First American Title Company ("Escrow Holder ") the sum of $1,000.00 "Deposit "); and ( ii) O or before the Close of Escrow, the City shall deposit the balance of the Parcel 2 Purchase Price of with Escrow Holder. (iii) If, at anytime between two 2 years and six years after the Effective Date of this Agreement, City, in its sole discretion, determines that continued ownership of Parcel is no longer in the City's best interests, NIT shall repurchase Parcel 2 for TWO MILLION ONE HUNDRED THOUSAND DOLLARS ($2,100,000.00,,, the "Repurchase Price ") payable within one hundred and eighty days (180 days) of NI T's receipt of City's written notification electing to invoke this provision. City agrees not to remove any tenant improvements that have become fixtures prior to conveying building to NKT if repurchased by NKT hereunder. In order to assure NKT's repurchase of Parcel 2, ITT shall, no later than two 2 years from the Effective Date, execute a $608,000 Trust Deed in favor of the City and secured as a first priority lien against a parcelof real property owned by NIT with value and equity equal to $600,000.00 or greater e) If the City requires the final design of the Improvements as defined in Section 11 below) to maintain all or a substantial portion of the front fa ade of the existing structure at 200 East Branch Street, given increased construction costs, the loss of developable space and corresponding estimated loss i future revenue directly attributable to the retention of a portion of or all of said front facade, the Parcel 1 Purchase Price shall be decreased by an amount not less than SEVENTY SEVEN THOUSAND FOUR HUNDRED NINETY EIGHT DOLLARS ($77,498.00) nor more than EIGHTY TWO THOUSAND EIGHT HUNDRED AND ONE DOLLARS ($82,801.00), with the exact amount to be determined by the Parties. d) As further consideration under this Agreement, City shall modify and restrict Short Street between East Branch Street and Mohan Alley (hereinafter "Short Property" ) to provide for one -way ingress only. City shall, in City's discretion, prior to the Closing, provide NIT with either 1) the right to purchase an exclusive easement for outdoor restaurant seating use in a portion of the Short Property with a term of sixty gears for a purchase price of TWENTY-TWO THOUSAND FOUR HUNDRED DOLLARS ($22,400.00); or, 2 the right to purchase a fee simple interest in a portion of the Short Property for a purchase price of TENT- EIGHT THOUSAND DOLLARS ($28,000.00). Upon selection, the corresponding purchase price shall be added to the Parcel 1 Purchase Price and be deposited by NKT in the Escrow described in Section 4 below, and distributed in accordance therewith. Any N Agenda Item 8.1. Page 5 exclusive easement or fee simple interest shall grant to NIT the right to utilize approximately five hundred (500) square feet of the Short Property for outside restaurant seating. STILT Conditions Precedent. ( a) Conditions Precedent to Closing. Each Party's obligation to purchase the Property from the other Party is subject to the following conditions precedent "Conditions Precedent ": (i Title Pli Title to the Property shall be conveyed by a good and sufficient Grant Deed subject to no exceptions other than 1 the lien of local real property taxes and assessments not yet due or payable, and all exceptions to title set forth in a preliminary report (the "Preliminary Report"), issued by the Fiat American Title Company (the "Title Company"), hereinafter, 1 and _shall be collectively referred to s the 'Conditions of Title ". Title Company shall provide the Parties with the Preliminary Report within three days of the Effective Date. If either buyer Party objects to any exceptions to title stated in the Preliminary Deport by written notice specifically listing the exception(s) (the "Objection Notice" ) , and delivered to the other s Party within fifteen 1 days after receipt of the Preliminary Report the seller Party shall use reasonable efforts to clear title to the property of such exceptions. If the exceptions objected to cannot be removed and/or otherwise eliminated as title exceptions within ten 1 days after the seller Party' receipt of the Objection Notice, this Agreement shall be terminated and any money deposited by any party hereunder shall be returned. Delivery of title in accordance with the foregoing shall he evidenced by the issuance by the Title Company, of its standard ALTA owner's policy of title insurance, together with such endorsements reasonably required, in the amount of the Purchase Price, shoving title to the Real Property vested in the buyer party and subject only to the Conditions of Title. Either Party may instead obtain an Extended ALTA Owners title insurance policy, however such Party shall be solely responsible for the difference in cost between the extended coverage policy and the standard ALTA owner's policy provided for hereunder; and, ii Obligations The performance by each Party of every covenant, condition, agreement, and promise to be p by that Party pursuant to this Agreement and the related documents executed or to be executed by the Parties. (iii) Representations. That all representations and warranties in this Agreement and the related documents executed or to he executed are truthful and accurate. (iv) Parcel l Division: Prior to the conveyance of Parcel l to ITT, the City shall legally divide the sane so that there are two legal and marketable parcels, consisting of. 1 a parcel of land improved solely by the existing Public Works building and related improvements, said lot being configured in a fashion acceptable to ITT, such acceptance not to be unreasonably withheld; and, a parcel o f land improved by the existing Building Department building, parting lot and related improvements said lot also be configured in a fashion acceptable to NKT, such acceptance not to be unreasonably withheld, and further being first approved by the City, and all other necessary governmental agencies having ,jurisdiction over the sane, for use and development as contemplated herein and as further described in Section 11 below. 3 Agenda Item 8.1. Page 6 City shall take all necessary steps, as determined by City, to ensure the lot line of said Building Department building parcel abuts the additional approximately 500 square foot area more particularly described in Section 2d above. ( v) Entitlement Process: NKT shall provide full architectural, site, floor, and landscaping plans for the improvement of Parcel I by _June 1. 01 . Once a Conditional Use Permit "CUP" is issued and obtained by City, ITT shall submit comprehensive plans and specifications for the Improvements to the City within two 2 months. ITT shall pay to the City EIGHTY THOUSAND DOLLARS ($$0,000.00) in parking in -lieu fees with respect to the division and development of Parcel 1 as herein contemplated. NKT skull be responsible for all building and development fees in the normal course of business. However all such building and development fees, exclusive of parking in -lieu, school district, and South County Sanitary District fees, shall not exceed an aggregate total of ONE flUNDRED AND SIXTY-EIGHT THOUSAND DOLLARS 168,000). Payment of said fees shall be made prior to issuance of building permits. City shall issue approval of building permits prior to closing. At NKT's option, the above fees may be added to the Parcel I Purchase Price and paid as a part thereof upon close of escrow. vi Lease o Parcel 2: Under that certain lease executed March 1 , 2003, (the "Parcel 2 Lease" ) NIT leased Parcel 2 to City. The terms of said lease are hereby modified to eliminate the rent due NIT thereunder between lurch 1, 2010 and September , 2 010.. Except as herein modified, and until the close of escrow, or the expiration of the term of such lease, the Parcel Lease shall remain in full force and effect. b Failure of Conditions Precedent. If any of the Conditions Precedent have not been fulfillcd within the applicable time periods the Party for whom said condition protects or provides a benefit nay: i Waive and Close. Waive the condition or disapproval and transfer the Property and close Escrow in accordance with this Agreement, without adjustment or abatement of the Purchase Price; or ii Cure and Close: Cure the failure of condition or representation and reduce the Purchase Price by an amount equal to the cost of cure; or (iii) Terminate. Terminate this Agreement by written notice to Escrow Agent. SECTION Escrow & Closing. 4 Agenda Item 8.1. Page 7 Escrow: An escrow ("Escrow"') for each transaction contemplated herein, (the sale of Parcel 1 and the sale of parcel 2 are separate and distinct transactions for purposes of this section), shall be opened with First American Title Company ("Escrow Agent" within five days from the Effective Date o f this Agreement. The Parties shall deliver signed instructions to escrow within ten 1 days of the Effective Date of this Agreement. Except for a final determination regarding what amount of funds will ultimately be transferred between the Parties upon Closing, the instructions shall not modify or amend this Agreement; provided, however, that the Parties shall execute any additional instructions requested by Escrow in a manner consistent with the Agreement. All amounts deposited with the Title Company are to be held in Escrow in an interest- hearing account with interest credited to the depositing Party. [finless the Parties otherwise mutually agree in writing to an extension, the Escrow shall close and the Property shall be transferred, and the Purchase Price paid within thirty days of the date that all conditions precedent are fully satisfied o otherwise waived "Closing ". (b 1031 Exchange NIT shall have the right to structure either and/or both transfers contemplated under this agreement as part of a forward o r reverse exchange (including, if necessary, the use of an intermediary) with the result that such transfers or exchange shall conform to the requirements of Section 1031 of the Internal revenue Cod of 1386, a s amended (the " 11RC ". City hereby agrees to reasonably cooperate with the NIT to complete such exchange(s) as requested (including the assignment of this Agreement to a Qualified Intermediary as that term is defined in the IC, provided that: a any additional costs incurred by City solely as a result of structuring the transaction as an exchange shall be borne by the NI T; b such exchange shall not result in any substantial delay in closing the transaction; and c City shall be required to take title to any property other than the Parcel 2. This Agreement is not subject to r conditioned upon either party's ability to consummate an exchange. The responsibility of City for reviewing exchange documents proposed by the NIT shall be limited to determining whether the terns and conditions of such exchange documents are such that they are in compliance with the foregoing provisions. NIT shall be responsible for baking all determinations as to the legal sufficiency or other consideration, including but not limited to tax considerations, relating to such exchange documents. In cooperating in any exchange transaction arranged b y NKT, City shall not in any event be responsible for, or in any way warrant, the tax consequences of the exchange transaction. SECTION Closing Deposits. a Before the Closing, the Parties shall deposit with Escrow Agent the following documents and funds: ( i) Nonforign Affidavit. The original Nonforeign Affidavits; ( ii) Escrow Instructions. The Escrow Instructions for each escrow required hereunder; (iii) Additional Documents. Any other documents or funds required to close Escrow in accordance with this Agreement. (iv) The balance of the Purchase Price due and owing. S Agenda Item 8.1. Page 8 S 6. Closing Costs. Each Party shall pay an equal % share of the Escrow Closing costs. Each Party shall otherwise be liable for complying with their respective obligations hereunder. SECTION Pro - rations. Liability for real property taxes, assessments, insurance premiums shall be prorated between the parties as of the date of the Closing of each Escrow. SECTION Warranties. Notwithstanding anything to the contrary contained herein, for purposes of this Section 8, "Property" shall be utilized to refer to Parcel 1 when applying this Section to the City and Parcel 2 when applying this Section to 1KT. The Parties warrant and represent that, to the best of their knowledge without legal inquiry, as of the Effective Date of this Agreement and as of the Closing: (a) To the best of both Parties' knowledge, and except as otherwise previously disclosed by the City, there are no other physical, structural, or mechanical defects or violations of any laws or regulations applicable to the Property. ( b) That the documents delivered pursuant to this Agreement will be all of the relevant documents that each Party is aware of pertaining to the condition and operation of the Property, will be true copies, and will be in full force, without default by any party and without any right of offset, except as disclosed in writing at the time of delivery. ( c) That there are not pending any special assessments or condemnation actions with respect to the Property or any part of the Property, nor has either Party any knowledge of any special assessments or condemnation actions being contemplated. d That all water, sewer, gas, electric, telephone, and drainage facilities and all other utilities required by law and for the normal operation of the Property are installed across public property or valid easements to the property lines of the Property, are all connected with valid permits, and are adequate to service the property and to permit full compliance with all requirements of law. ( e) The Parties are not a "foreign person's within the meaning of section 1445(f)(3) of the Internal Revenue Code of 1354, as amended, and that the Parties furnish, if necessary, prior to Closing, an affidavit confirming the same. f That there are no hazardous Substances known to exist on the Property, and that: i No Property owner has knowledge of buried or partially buried underground storage tanks on the Property. riii Agenda Item 8.1. Page 9 ii No Property owner is aware of and has not received any notice, warning, notice of violation, administrative complaint, judicial complaint, o any other formal or informal notice alleging that conditions on the Property are or have been in violation of any Environmental Law, or informing the Party that the Property is subject to investigation or inquiry regarding Hazardous Substances on the Property or the potential violation of a.ny Environmental Law. (iii) There is no monitoring program required by the Environmental Protection Agency ("EPA") o any similar State agency concerning the Property. iv To the best of each Property owner's knowledge, no toxic or hazardous chemicals, waste, or substances of any kind have ever been spilled, disposed of, or stored on, under, or at the Property, whether by accident, burying, drainage, or storage in containers, tanks, holding areas, or by other means. (v) No Property owner is aware of the Property ever being used as a dump or a landfill. (vi) The Parties have disclosed all information, records, and studies in connection with the Property concerning Hazardous Substances. Hazardous Substance as used herein shall mean any toxic or hazardous materials o any other substance which constitutes, or is regulated as, a hazardous, extremely hazardous, toxic, extremely toxic or similarly dangerous material, substance or waste under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, U.S.C.A. § §9601 et seq., the Resource Conservation and Recovery Act of 1976, U . S . C.A. §§6901 et seq., or the California Health and Safety Code, Division 20. The continued accuracy in all respects of the Parties' representations and warranties shall be a condition precedent to any obligation to close Escrow. All representations and warranties contained in this Agreement shall be deemed remade as of the date of Closing and shall survive the Closing. If any of the representations and warranties are not correct at the time made or as of the Closing, this Agreement may be terminated by the non - breaching Party. SECTION Indemnification. ( a) ITT agrees to indemnify and hold the City free and harmless from any losses, damages, costs, o expenses (including attorney fees) resulting from any inaccuracy in or the breach of any representation or warranty of N T and any breach o r default by NKT under any of I I T's covenants or agreements under this Agreement. b The City agrees to indemnify and hold ITT free and harmless from any losses, damages, costs, or expenses (including attorney fees) resulting from any inaccuracy in or the breach of any representation or warranty of the City and any breach or default by the City under any of the City's covenants or agreements under this Agreement. 7 Agenda Item 8.1. Page 10 SEC'T'ION 1 Covenants. The Parties agree as follows: ( a ) Payment of All Obligations The owner of each Parcel constituting the Property shall have discharged all liens including, but not limited to, mechanics' and materialmen's liens arising from labor and materials furnished to their respective Parcel prior to the Close of Escrow. (b Litigation A Party shall immediately notify the other Party of any lawsuits, condemnation proceedings, rezoning, or other governmental order o action, or any threat thereof, known which might affect their respective Parcel of the Pr o r any interest therein. SECTION 11 Parcel 1 Maintenance and Development Requirements nt As a condition precedent to the purchase of Parcel 2, the City requires that IKT agree to the following maintenance and development requirements (the "Requirements" ) for Parcel 1: a Following the Closing, the structure currently located at 208 Fast Branch Street (the "Public Works building ", having been designated as Local Historic Resource, shall be maintained and upgraded consistent with City village Design Guidelines and Municipal Code Provisions regarding Locally Designated Historic Resources. (b) Following the Closing, on that portion o Parcel 1 currently consisting of a parking lot, betwcen 200 Fast Branch Street and 248 East Branch Street and the structure at 200 East Branch Street, ITT shall construct a one -story retail commercial structure up to a maximum of 5,800 square feet with store fronts on both Fast Branch and Short Street (the "Improvements"). Additionally, at the corner o f East Branch and Short Street, NKT shall include the necessary specifications for restaurant use. The Requirements shall include the following: ITT shall provide full architectural, site, floor, and landscaping plans and apply for a CUP for the improvement of Parcel 1 by June 1, 2010. ii, City agrees that NKT's CUP has been accepted as complete for processing and will be expeditiously processed by City. iii. Once a CLIP is issued by City, ITT shall submit comprehensive plans and specifications for the Improvements to the City within forty -five days. i. Upon approval and issuance of necessary permits by the City and all other governmental authorities having jurisdiction over the sane and within 60 days following the Closing, NKT shall begin construction of the Improvements. . Upon commencement of construction, NKT shall submit any additional plans, specifications and other necessary documents, if any, allowing the City to process the Condominium Permit application. City agrees to use due diligence and to reasonably cooperate in expeditiously processing and assisting ITT with its Condominium Permit application. Final processing and approval of the Agenda Item 8.1. Page I I Condominium Permit application is not a prerequisite to commencement f construction of the Improvements. vi. Upon commencement the construction, ITT shall use reasonable diligence so as to complete all Improvements no later than nine months following the commencement of construction under Section I I a iv . vii. I KT shall pay to the City EIGHTY THOUSAND DOLLARS ($80,800.00) in parking in -lieu fees with respect to the division and development of Parcel 1 as herein provided at Section aiv. viii. Any and all parking spaces constructed as part of the Improvements shall be designated as `Public Parking ". ix. NIT shall be responsible for all building and development fees in the normal course o f business following the Closing. However all such building and development fees, exclusive of parking in -lieu, school district, and South County Sanitary District fees, shall not exceed a total of ONE H1J_NDRED AND SIXTY- EIGHT THOUSAND DOLLARS $ 1 68,080). (c) Hold Harmless. To the fullest extent provided by law, ITT will indemnify, defend and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnities"), and any o them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and wherever made or obtained, allegedly caused by, arising out of or relating in any manner to NI T's construction of Improvements to Parcel I and/or the exclusive easement following the Closing. (d Insurance ITT shall obtain, at its expense, comprehensive general liability insurance for the Improvements of Panel I naming Indemnities as additional named insureds with aggregate limits of not less than Two Million Dollars ($2,008,808) for bodily injury and death and property damage, including coverage for contractual liability and products and completed operations purchased by NIT from an insurance company duly licensed to engage in the business of issuing such insurance in the State, with current Best's Ivey Dating of not less than -VII, such insurance to be evidenced by an endorsement which so provides and delivered to the City Clerk prior to the issuance of any building permit for the development of the Parcel I . SECTION 1 Due Process. Nothing in this Agreement shall be in conflict with the responsibilities of the City to adhere to general clue process requirements and other responsibilities as defined in Federal, State, or local law, statute, regulati o r participating parties' policies and procedures. F Agenda Item 8.1. Page 12 SECTION 1 Assignment. Prior to the Closing, neither warty may assign its rights hereunder without the express written consent of the other Party. SECTION 1 Successors and Assigns. Without waiver of the provisions of Section 13, all of the rights, benefits, duties, liabilities, and obligations of the Parties shall inure to the benefit of, and be binding upon, their respective successors and assigns. SECTION 1 Notices. All notices to be given under this Agreement shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the address indicated belo w or at other places designated by ITT and the City in a written notice given to the other. Notices shall be deemed served four days after the date of mailing or upon personal delivery. If to NRT: NIT Commercial, LLC Attu: 684 Higuera Street, Suite San Luis Obispo, CA 93401 If to the City: City of Arroyo Grande Attn: Kelly Wetmore, City Clerk P. 0. Box 550 Arroyo Grande, CA 93421 With copy to: Timothy J. Carmel CAR TEL & NACC S1 A LLP PO Box 1 729 Sari Luis Obispo, CA 930 SECTION 1 Construction. The title and headings of the Sections in this Agreement are intended solely for reference and do not modify, explain, or construe any provision of this Agreement. All references to sections, recitals, and the preamble shall, unless otherwise stated, refer to the Sections, Recitals, and Preamble of this Agreement. In construing this Agreement, the singular form shall include the plural and vice versa. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties have prepared the agreement. 10 Agenda Item 8.1. Page 13 SECTION ION 1 f Integration. This Agreement, all attached exhibits, and all related documents referred to in this Agreement, constitute the entire agreement between the Parties. There are no oral or part agreements which are not expressly set forth in this Agreement and the related documents being executed in connection with this Agreement. This Agreement may not be modified, ed, a. ended, or otherwise charged except by a writing executed by the party to be charged. SECTION 1 Third -Party Rights. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies. SECTION 1 Severability. If any terra or provision of this Agreement is held invalid or unenforceable, the remainder o f this Agreement shall not be affected. SECTION Waivers. No waiver or breach of any provision shall be med a waiver of any other provision, and no waiver shall be valid unless it is in writing and executed by the waiving party. No extension of time for performance f any obligation or act shall be deemed an extension of time for any other obligation o act. SECTION 21 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. The execution of this Agreement shall be deemed to have occurred, and this Agreement shall be enforceable and effective, only upon the complete execution of this Agreement by bath Parties. 11 Agenda Item 8.1. Page 14 SEC'T'ION 22 Survival. All representations and warranties contained herein, and all indemnities, shall survive the Closing. SECTION 23 Incorporation of Exhibits. All attached exhibits are incorporated in this Agreement b y reference . SEC'T'ION Authority of parties. All persons executing this Agreement on behalf of a party warrant that they have the authority to execute this Agreement on behalf of that party. SECTION 25, Governing Law. This Agreement shall be governed by and construed in accordance with California law. SECTION 2. Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference. SECTION 27. Further Assurances. Each party agrees to do any other acts and to execute, acknowledge, and deliver any documents requested to carry out the intent and purpose of this Agreement. Whereas the Parties have executed this Agreement effective as of the date first written above. 12 Agenda Item 8.1. Page 15 CITY: NIT Commercial LLC: STEVEN ADAMS, City Manager NICHOLAS T MPKI S ATTEST Its Managing Member er Kelly Wetmore, City Clerk APPROVED AS To FORS AND LEGAL EFFECT: TIMOTHY J. CARMEL, City Attorney 1 Agenda Item 8.1. Page 16 0 PRROYO INCORPORATED q Z.. 3 4( NW C q< IF ORI ° . MEMORANDUM TO: CITY COUNCIL /• j / FROM: TIM CARMEL, CITY ATTORNEY N� SUBJECT: SUPPLEMENTAL INFORMATION REGARDING AGENDA ITEM 8.1. - CONSIDERATION OF REVISED PURCHASE AND SALE AND IMPROVEMENT AGREEMENT WITH NKT COMMERCIAL FOR ACQUISITION OF PROPERTY AT 300 EAST BRANCH STREET AND SALE AND DEVELOPMENT OF CITY PROPERTY AT 200 AND 208 EAST BRANCH STREET AND THE ADJACENT PARKING AREA DATE: APRIL 27, 2010 Section 4(b) of the Agreement of Purchase and Sale and Improvement (page 8 of the Agenda Packet, page 5 of subject agreement) contains an omission at line 9. Attached is a replacement page with the added word underlined. (a) Escrow: An escrow ( "Escrow ") for each transaction contemplated herein, (the sale of Parcel 1 and the sale of Parcel 2 are separate and distinct transactions for purposes of this section), shall be opened with First American Title Company ( "Escrow Agent ") within five (5) days from the Effective Date of this Agreement. The Parties shall deliver signed instructions to escrow within ten (10) days of the Effective Date of this Agreement. Except for a final determination regarding what amount of funds will ultimately be transferred between the Parties upon Closing, the instructions shall not modify or amend this Agreement; provided, however, that the Parties shall execute any additional instructions requested by Escrow in a manner consistent with the Agreement. All amounts deposited with the Title Company are to be held in Escrow in an interest - bearing account with interest credited to the depositing Party. Unless the Parties otherwise mutually agree in writing to an extension, the Escrow shall close and the Property shall be transferred, and the Purchase Price paid within thirty (30 ) days of the date that all conditions precedent are fully satisfied or otherwise waived ( "Closing "). (b) 1031 Exchange. NKT shall have the right to structure either and/or both transfers contemplated under this agreement as part of a forward or reverse exchange (including, if necessary, the use of an intermediary) with the result that such transfers or exchange shall conform to the requirements of Section 1031 of the Internal Revenue Code of 1986, as amended (the "IRC "). City hereby agrees to reasonably cooperate with the NKT to complete such exchange(s) as requested (including the assignment of this Agreement to a Qualified Intermediary as that term is defined in the IRC), provided that: (a) any additional costs incurred by City solely as a result of structuring the transaction as an exchange shall be borne by the NKT; (b) such exchange shall not result in any substantial delay in closing the transaction; and (c) City shall not be required to take title to any property other than the Parcel 2. This Agreement is not subject to or conditioned upon either party's ability to consummate an exchange. The responsibility of City for reviewing exchange documents proposed by the NKT shall be limited to determining whether the terms and conditions of such exchange documents are such that they are in compliance with the foregoing provisions. NKT shall be responsible for making all determinations as to the legal sufficiency or other consideration, including but not limited to tax considerations, relating to such exchange documents. In cooperating in any exchange transaction arranged by NKT, City shall not in any event be responsible for, or in any way warrant, the tax consequences of the exchange transaction. SECTION 5 Closing Deposits. (a) Before the Closing, the Parties shall deposit with Escrow Agent the following documents and funds: (i) Nonforeign Affidavit. The original Nonforeign Affidavits; (ii) Escrow Instructions. The Escrow Instructions for each escrow required hereunder; (iii) Additional Documents. Any other documents or funds required to close Escrow in accordance with this Agreement. (iv) The balance of the Purchase Price due and owing. 5 INCORPOAATED JMY 10. ,all MEMORANDUM -1 44FOR T; CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGED TIM CARMEL, CITY ATTORNEY E KELLY WEMORE, CITY CLERK SUBJECT: CONSIDERATION F# REQUEST FOR RESIGNATION OF COUNCIL MEMBER ARNOLD AND REVIEW F RECALL AND REPLACEMENT PROCESS DATE: APRIL 27, 201 RECOMMENDATION: N: It is recommended the City Council review information and provide staff direction. FINANCIAL IMPACT: There is no cost impact from this item. However, if the City Council calls for a special election, the projected cost to the City is estimated to be Less than $2,000 if combined with the regular November election. The cost would likely exceed $50,000 if a special stand alone election was required. ACKGFOiJD: At the April 13, 2010 meeting, Mayor Ferrara requested, and the City Council concurred, to plane on the net Council meeting agenda for discussion and consideration of the following: 1 A letter from the Council to Council Member Arnold asking that he resign his Council wart immediately; 2 An outline of the recall process applicable to recalling a Council member, for the benefit of the public; and 3 A process for filling a Council vacancy when the need arises. ANALYSIS OF ISSUES: Letter to Council Member Arnold draft Letter from the Council to Council Member Arnold for City Council consideration is attached. The letter was drafted to emphasize the key points highlighted by Mayor Ferrara in his comments. Agenda Item II.a. Page 1 CITY COUNCIL CONSIDERATION OF REQUEST FOR RESIGNATION OF COUNCIL MEMBER ARNOLD AND REVIEW OF RECALL AND REPLACEMENT PROCESS APRIL 27, 2010 PAGE 2 R e c al l Pr Recall is the power of the voters to remove elected officials before their terms expire. The recall process is set forth and clearly outlined in the California Elections Code. There must be a certain number of proponents in order to initiate a recall petition. In Arroyo Grande, a minimum r f 20 proponents is required, which is equal to the number o signatures required to be filed on the nomination paper of the official sought to be re All of the required proponents of a recall must be registered voters o f the City. The following outline for the recall of a local elected official is a condensed summary of the process which is contained in the secretary of state's "Procedure for Recalling State and Local Officials ". Copies of this document are available in the City Clerk's Office. It should be emphasized that this is an overvie w and summary and that each of these steps contain additional, specific statutory instructions and timelin for compliance: 1. Notice of Intention a. Requires s a minimum of 20 proponents; must be registered voters; b. Includes a statement, not exceeding 200 words, o f the reasons for the proposed recall. 2. Service a of Notice a. A copy of Notice shall be seared on the officer sought to be recalled; b. Within 7 days of serving the Notice, the original shall be filed, along with an affidavit of the time and manner of service, with the City Clerk. 3. Publication of Notice a. A copy of the Notice shall be published at the proponents' expense, once in a newspaper o f general circulation within the City. 4. Answer to Notice a. Within 7 days of the filing of the Notice, the officer sought to be recalled may file with the City Clerk, an answer in not more than 200 words, to the statement within the Notice; . If an answer is filed, the Clerk shall, within 7 days after the filing of the Notice, also serve a copy of the Answer o n one of the proponents. 5. Format and Filing of Proposed Petition a. The Secretary of state petition format shall be provided to the proponents by the City Clerk; b. Within 10 days after filing of the answer to the Notice, or if no answer is filed, within 10 days after the exp iration of the -day period, the proponents shall file two blank copies of the petition with the City Clerk. Agenda Item II.a. Page 2 CITY COUNCIL CONSIDERATION of REQUEST FOR RESIGNATION TIOI of COUNCIL MEMBER ARNOLD AND REVIEW of RECALL AND REPLACEMENT PROCESS APRIL 2, 201 PACE 3 c. The City Clerk s hall ascertain if the proposed form and wording of the petition meet the requirements of the California Elections Code. d. Proponents shall also file, at this time, proof of publication of the Notice. e. The City Clerk shall, within 10 days of receiving the blank copies of the petition, notify the proponents in writing of her findings. The proponents then have 10 days to fix any errors and resubmit the petition. This process will continue until there are no errors in the petition format. The petition cannot be circulated until the format is approved by the City Clerk. f. Only registered voters of Arroyo Grande are qualified to circulate or sign a recall petition. 6. Circulation of Recall Petition aw. Circulators of the Petition shall be registered voters in Arroyo Grande. b. The proponents have 120 days from the date of final approval of the petition format to gather signatures and file the Petition with the City Clerk. . The number of qualified signatures required in order to qualify a recall for the ballot will be 20% of the registered voters in Arroyo Grande. The number of registered voters shall be calculated as of the time of the last report of registration by the County Clerk/Recorder to the Secretary of State. As of this date, the number of qualified signatures required is 2,187 ( the County Clerk/Recorder reported 10,935 registered voters to the Secretary of State). There will be additional reports submitted to the Secretary of State in the corning months that may change this number. 7. Filing and Examination of Petition a. The Petition small be filed with the City Clerk; all sections of the Petition shall be filed at the same time. b. The City Clerk has 30 days, eluding Saturday, Sunday, and holidays, to examine and verify the signatures on the Petition. If the City Clerk's examination shows that the number of valid signatures is equal to or greater than the required number, the City Clerk shall certify the Petition to be sufficient. . If the number of valid signatures is less than the required number, the City Clerk shall certify the Petition to be insufficient. 8. Submission to Governing Bod a. If the petition has been determined to be sufficient, the City Clerk shall submit her certificate as to the sufficiency of the Petition to the City Council at its next regular meeting. b. within 14 days after the meeting at which the City Council received the certificate of sufficiency, the City Council shall issue an order stating that an election shall be held to determine whether or not the officer named in the Petition shall be recalled. Agenda Item II.a. Page 3 CITY COUNCIL CONSIDERATION OF REQUEST FOR RESIGNATION OF COUNCIL MEMBER ARNOLD AND REVIEW OF RECALL AND REPLACEMENT PROCESS APRIL 27, 2010 PAGE 4 . If the City Council fails to issue the order within 14 days, the County Clerk shall issue the order o f election. d. The election shall be held not less than 88, nor more than 125 days after the issuance of the election order. g. Nomination f Candidates to Succeed recalled Officers a. Nominations of candidates to succeed the recalled officer shall be made in the manner prescribed for nominating a candidate to that office in a regular election. b. Nomination papers shall be filed not less than 75 days prior to the date of the election and not before the day the order o f the election is issued by the City Council. g. Election a. The ballot will include the Ballet Measure, "Shall [NAME] be recalled from the office of [NAME F OFFICE]'?" Voters will Grote "yes" or "no." b. lender the Ballot Measure will be listed the names of the candidates nom i n ated t succeed the officer sought to be recal led . . If one -half o more o f the votes at a recall election are "N ", the officer sought to be recalled shall continue in office. d. If a majority of the votes on a recall proposal are "Yes", the officer sought to be recalled shall be removed from office upon the qualification of his or her successor. e. if at a recall election an officer is recalled, the candidate receiving the highest number of votes for the office shall be declared elected for the unexpired terra of the recalled officer. As noted above, the Elections Code restricts the dates when a recall election can be held once the Council has called for an election. The Code requires that the election must be consolidated if another election is to be held during that time. This year, the City has a scheduled General Municipal Election on November 2, 2010. In June, as in past years, the City will be requesting that the County Board of Supervisors consolidate the City's General Municipal Election with the November 2, 201 Statewide General Election. Following the Election, the County then bills the City for its errata share of the costs, resulting in a considerable reduction in election costs to the City. Depending on a potential recall process and when the Council calls for a recall election, it could be consolidated with the November Election. However, depending on timelines, it could potentially result in the City having to conduct a standalone election on another date just prior to or after the November election, at a substantially higher cost. In this case, the County Elections Division would not be able to conduct a special election for the City in such close proximity to the November Statewide Agenda Item II.a. Page 4 CITY COUNCIL CONSIDERATION OF REQUEST FOR RESIGNATION OF COUNCIL MEMBER ARNOLD AND REVIEW OF RECALL AND REPLACEMENT PROCESS APRIL 27, 2010 PAGE 5 General Election, and the City would have to contract for election supplies, services, and consultation to conduct its own election. Process for Filling Vacanc Under current State law (Government Cade Section 36512 (b)(1) }, within thirty (30) days from the commencement of a Council vacancy, the Council shall either fill the vacancy by appointment or call a special election to fill the vacancy. The person appointed or elected to dill the vacancy holds office for the unexpired term of the former incumbent. Alternatively, pursuant to Government Code Section 36512 the City may enact a new ordinance that would codify one of the following procedures: 1 require that a special election be called immediately; 2 require that a special election be held to fill a City Council vacancy when petitions bearing a specified number o f verified signatures are filed; o 3 require that a person be appointed to fill a vacancy on the City Council to hold office only until the date of a special election which shall immediately be called to fill the remainder of the term. ALTERNATIVES: The following alternative are provided for the Council's consideration: Approve and send the proposed letter to Council Member Ed Arnold; Do not approve and send the proposed letter to Council Member Ed Arnold; or - Provide direction to staff ADVANTAGES: Resignation would help eliminate the negative impact of this issue on the City's staff resources, ability to address other important business, and overall reputation and public trust. The advantage of appointing a person to fill the Council vacancy is that it will allow the City to 'maintain a fire member Council with a minimum of delay and without the expense of an election, enabling the City to continue to function and tend to current critical 'natters. The advantage of an election is that the voters will choose the representative directly. The advantage of adopting an ordinance pursuant to Government Code Section 36512(c)(3) is that it would establish a procedure to be followed when future vacancies occur. It would also avoid having a four person council until a special election is held since it provides for an interim appointment, under w hich the person appointed only holds office until the special election. DISADVANTAGES: Resignation would result in a vacancy requiring the steps outlined above. The disadvantage of calling for a special election is that them will be a four member Council for the period of time, from the effective date of the vacancy until a successor is duly sworn into office. The disadvantage of appointing a Council Member is that the voters will not choose the representative directly. The disadvantage of adopting Agenda Item II.a. Page 5 CITY COUNCIL CONSIDERATION OF REQUEST UEST F F RESIGNATION I F COUNCIL MEMBER ARNOLD LD AND REVIEW F RECALL AND REPLACEMENT PROCESS APRIL 27, 201 PACE 6 an ordinance pursuant to Government Code Section 36512(c)(3) is that it will unnecessarily limit future City Councils, who will have to go through the cumbersome process of repealing the ordinance if they want to fill a vacancy using a different method than provided for in the ordinance. Additionally, there will be delays associated with preparation of the ordinance, two (2) required readings and a thirty (30) day waiting period before the ordinance becomes effective. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: IMENTS: The Agenda was posted in front of City (--fall on Thursday, April 22, 2010 and on the City's website on Friday, April 23, 2010. No comments were received. Attachment(s): 1. Draft letter from City Council to Council Member Arnold Agenda Item II.a. Page 6 f r (. / f * / OFFICE of the MAYOR April 27, 2010 Ed Arnold City of Arroyo Grande Council Member 214 East Branch Street Arroyo Grande, CA 33420 Dear Council Member Arnold: P.O. Box 550 214 East Branch Street -- Arroyo Grande, CA 93421 Phone: (805) 473 -5404 FAX: (805) 473 -0386 E -Mail: agcity@arroyogrande.org In order to serge the best interests of the City at this time, the Council formally requests that you immediately resign from your Council seat. This request and your resignation is no reflection on our 3 uilt or innocence of the pending criminal charges. The City Council fully understands that y ou are p resumed to be innocent until proven otherwise and respects the integrity of the judicial process, as well as your right to defend yourself. You are faced with very serious c harges that will no doubt require much of your attention and focus for the foreseeable future. However, eleted public office is an honor and privilege with the sole purpose of serving the community. For the City to effectively address the needs of the community, it requires not only a substantial time commitment, but maintaining the public's absolute trust. There is no question that the nature of the allegations and the activities involved in your defense will negatively impact your ability to effective! y carry out the responsibilities of your position as a member of this Council. Your current situation has a clear detrimental effect on the reputation and credibility of the City, diverts scarce p ersonnel resources from urgent responsibilities, and is a distraction from our critical! y important efforts which are focused on addressing community needs and issues. It also raises a number of questions and concerns regarding compliance with the City's Ethics policies and g uidelines and other policies and regulations, as well as appropriate remedies. Please reflect on the heavy burden you carry as a public servant and do what is in the best interest of the City of Arroyo Grande. This Council respectfully requests and urges you to please resign immediately so the City an avoid these problems and focus its full attention on meeting y the needs of its citizens. Sincerely, Arroyo Grande Mayor and City Council Members Tony Ferrara Mayor Jim Guthrie Mayor Pro Tern Joe Costello Council Member Chuck Fellows Council M ember Agenda Item 11.a. Page 7 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item II.a. Page 8 INCORPORATED JULY 10, 11111 C%,a 1.1 oft % MEMORANDUM To: CITY COUNCIL FROM: TER ESA II cCLISH, COMMUNITY DEVELOPMENT DIRECTOR F Y: , KELLY HEFFEF N I , ASSOCIATE PLAN EF SUBJECT: CONSIDERATION N F GREENHOUSE GAS EMISSIONS INVENTORY Y REPORT F T FOR THE CITY of ARROYO GRANDE DATE: APRIL 2 , 201 RECOMMENDATION: It is recommended the City Council receive the presentation and Greenhouse Gas Inventor Report. FINANCIAL IMPACT; There is no direct fiscal impact of the completion of the Greenhouse Gas Inventory Report. The costs of the preparation of the inventory were covered through a contract with the APCD. There will be future costs for preparing the Climate Action Plan and to undertake efforts to reduce both community-wide and municipal GHG emissions. At this tire, staff if pursuing potential funding sources for the net steps and will return for further discussions and recommendations for funding these future efforts. BACKGROUND: l June 200 5, Governor sch ar enegger issued an Executive order establishing greenhouse gas emission targets for the entire state as follows: 2010, reduce greenhouse gas emissions to 2000 levels; • By 2020, reduce greenhouse gas emissions to 1 990 levels; 2050, reduce greenhouse gas emissions to 0% below 1990 levels. To support these reduction targets, the California legislature adopted the California Global Marring Solutions Act of 2006, also known as AB 32. In late 2008, the San Luis Obispo Air Pollution Control District's Board approved a contract with PI IC a consulting firm) to provide technical assistance to the cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Nobles, Pismo Beach, and San Luis Obispo to complete greenhouse gas (GHG) emissions inventories. In exchange for receipt of technical services from the APCD and PMC, in March 2009, the City Council adopted a resolution to join ICLEI -Local Governments for Sustainabllity ICLEI and to authorize the preparation of a greenhouse gas emissions baseline inventory. The City is membership in ICLEI has provided Agenda Item II.b. Page 1 CITY COUNCIL GREENHOUSE CAS EMISSIONS INVENTORY APRIL 27, 201 PACE access to technical resources, including software that has been used in the preparation of a baseline greenhouse gas emissions inventory. When joining ICLEI, the City was asked to commit to a five -step process. The process involves the following milestones: 1. Conduct a baseline emissions inventory and forecast 2. Ado an emissions reduction target for the forecast year 3. Develop a Local Action Plan 4. Implement policies and measures 5. Monitor and verify results ANALYSIS of ISSUES: What are Greenhouse Gases and what impact do they have? Greenhouse gases GHG are those that capture the heat of the Sun in the lower atmosphere of the Earth — this heat capture process is called "the greenhouse effect ". This effect is essential to maintaining the surface temperature of the Earth and making it habitable for luring bergs. Some of the gases occur naturally in the environment, while others are either created or increased by human activities. Examples of naturally- occurring GHGs include carbon dioxide, methane, nitrous vide, and ozone. Human- generated greenhouse gases are created by a variety of industrial processes and include hydroflurocarbons, perflourocarbons, and sulfur hexaflouride. The level of concentration of GHG 's in the Earth's atmosphere has been increasing and this increase is believed to be resulting in the unarming of the Earth's surface leading to shifts in climate that are impacting various areas in different, but concerning ways. Communit _wid a GHG Inventory Results ult The GHG Inventory ("Inventory") is provided in Attachment 1. The community of Arroyo Grande emitted approximately 96,549 metric tons of carbon dioxide equivalent (C 02e) in the baseline year Zoo. A shown in. Figure 1, the transportation sector was by far the largest contributor to emissions (57.0%), producing approximately 55,030 metric tons of C 2e in 2005. Emissions from the residential sector were the net largest contributor (24.6%), producing approximately 23,778 metric tons of CO2e. The commercial and industrial sectors accounted for a combined 12.3% of the total. Emissions from solid waste comprised 6.0% of the total, and emissions from other sources such as agricultural equipment corn prised 0.1 %- The majority of emissions from the transportation sector were the result of gasoline consumption in private vehicles traveling on local roads, US 101, and state highways. GHG figures from the waste sector are the estimated future emissions that will result from the decomposition of waste generated by city residents and businesses in the base year 2005, with a weighted average methane capture factor of 60.0%. Municipal Operations GHG Invento[y. Results City government operations and facilities produced approximately 994 metric tons of greenhouse gas emissions in 2005. A displayed in Figure 2, this represents approximately 1.0% of total community -wide emissions in the city. City government emissions result from waste, energy consumption from water and wastewater facilities, buildings, streetlights and Agenda Item II.b. Page 2 CITY COUNCIL G REENHOUSE USE GAS EMISSIONS INVENTORY T RY APRIL 27, 201 PAGE 3 other facilities, fuel consumption by the vehicle and employee commutes, and miscellaneous equipment. Fuel consumption by the City vehicle fleet was the largest contributor to the city's emissions ( 34.6%), producing 344 metric tons of carbon dioxide equivalent (refer to Figure 3). The second largest contributor ( 25.5%) was from fuel consumption by city employees during their commute to and from work. Transport@ 57.0% .1% esidential 24.6% el / Industrial 12.3% Community. 99.0% .. - idpall.Wn Figure 1: Community GHG Emissions by Figure : City Government Portion of Sector Community-wide H Emissions City government operations emissions are a subset of the total community-wide emissions a outlined above. However, similar to the way in which businesses and factories perform their on facility -scale GHG Inventories, this Inventory analyzes city emissions separately to identify cost - saving and emissions- reducing strategies in the future. The methodology for estimating emissions from local government operations is guided specifically by the Local Government Greenhouse Gas Inventory Protocol developed by the California Air Resources Board, ICLEI — Local Governments for Sustainability, and the California Climate Registry. pl Commut 25.5% ehide Fleet 94.6% Streetiirts & Traffic Signals 15.7'1 �1ater Delivery 2.9% , Fact ities 0.4% 'N'SIMIIC1 we Ste 0.8% Other 1.2% _buildings Faciii#ies 18.9% Figure 3: city Government Emissions by sector Agenda Item II.b. Page 3 Waste 6.0% CITY COUNCIL GREENHOUSE USE GAS EMISSIONS INVENTORY Y APRIL 27, 2010 PAGE 4 Conclusion and het steams This City government operations and community -wide Inventory captures the major sources of greenhouse gases caused by activities within the City per standard practice. However, it is important to note that some likely emission sources were not included in the Inventory either because of privacy laws, lack of data, or a lack of reasonable methodology for calculating emissions. It is estimated that these sources net included in the inventory comprise less than ° of total emissions in the city. It is likely that as greenhouse gas inventories become more common,, methodology and accessibility to data will improve. The sources that could not be included due to privacy laws, lack of data availability, and/or a reasonable methodology include the following: • Refrigerants from City government o perations facilities and vehicles; • Freight and passenger trains; Sewage and water treatment for the community -at- large; 0 Propane, wind or solar energy consumed by the community-at-large; and 0 Recreational off -road equipment and vehicles. These limitations are explained further in the document. If consumption trends continue the pattern observed in 2005, emissions will reach 116,556 metric tons of CO2e by 2020, or a 20.7% increase over 2005 baseline levels, By 2025 emissions will reach 124,303 metric tons of CO2e, or a 28.7% increase over 2005 baseline levels. This growth, shogun in Figure 4, is due to projected increases in households, population, and jobs within the City. 125,000 100,000 t F 75,000 fE } EE } } F k 50,000 25,000 } 0 . } ■ Other 1 l { . o"t' wart i Transportation ■ Commercial Industrial Residential f Figure : 2420 and 2025 city of Arroyo Grande Business -as -usual GHG Emissions Forecast Agenda Item II.b. Page 4 2005 2020 2025 CITY CODICIL GREENHOUSE CAS EMISSIONS INVENTORY APRIL 27, 2010 PAGE 5 With this information the City can make an informed determination of a reduction target. Conformance with the State of California's recommended reduction of 5% below present levels by 2020 would result in a 35-7.0% reduction below the city's business -as -usual emissions. By 2025 the reduction would increase to 48 .7% below business -as -usual (Figure 5. 130s,000 .............. v.vY v . v.v.... ....................... v wvvwvY "." ....v. ..:................... v . 11 0,000 .... ...... .. ..... .. ...... .. .. I 90,0 .v..tt.....{...:..n.....n Business -as -usual forecast 116,556 metric tons Co by 2020; 124.303 metric tons cope by 2025 2005 baseline levels = 96,549 metric tons CO 15% below 2605 baseline levels = 82,687 metric tons CO2e b :. 2626; pursuing :. 0% reduclion by 70,000 2058 = 77,239 metric tons Cote 2005 2020 2025 by 2025 Actual Reduction 34,490 metric tons (35.7%) by 2020; 47,064 metric tons (48.7% ) b 2025 below business- - usual Figure : Business-As-Usual Forecast In Relation To state - Recommended 15% Reduction Target It is likely that the city's emissions are already below the business-as-usual forecast due to sustainability efforts Initiated by the City since 2005. As the City 'roves forward to the next milestones in the process, including designation of emission reduction targets and development of a Climate Action Plan, the City should identify and quantify the emission reduction, energy efficiency, waste reduction, and water conservation benefits that have already been implemented since 2005. Examples of types of improvements in place or programmed for the near future include: • Adoption of a Green Corridor tax incentive program (2009) • Implementation of Water Conservation programs including: o Turf removal financial incentives (2009) o Plumbing Retrofit Program to provide free low -flog toilets and indoor plumbing fixtures on -going since 2004) o Free irrigation controllers and sensors on -going since 2009) o Mandatory conservation measures (2008) o Free Irrigation audits (ongoing since 2009) o Sustainable Landscape Seminar Series • Recycled grater study Agenda Item 11.b. Page 5 CITY COUNCIL GREENHOUSE CAS EMISSIONS INVENTORY APRIL 27, 201 PACE Solar and grind poorer facility study 0 Public private project to install compressed natural gas and biodiesel fueling facilities Investigating conversion of city fleet to CNG, electric and bio diesel vehicles Retrofit of City buildings to increase energy efficiency Plan to install solar powered public electric vehicle recharging stations Support of SLO Green Build programs Police Department vehicles equipped with bicycles and bike racks to supplement patrol Development of a bikeway plan Expansion of the park- and -ride lot Purchase and installation of bike racks and lockers Workplace Bike Sharing Program The position of the League of California Cities on A B 32 is to suspend the requirements of the laver (and of SB 35) until the economy recovers. The issue is scheduled for discussion at the April 22 -23, 2010 League Board of Directors Meeting. ALTERNATIVES: The following alternatives are offered for Council's consideration: - receive the presentation and Greenhouse Gas Inventory Report. - Provide alternate direction to staff. continue review of the project. Direction should be given to staff regarding desired information or needed revisions to the report. ADVANTAGES: Conducting a greenhouse gas emissions inventory is a first step in developing a local climate action plan. Local governments can inventory the emissions from their operations in order to track their performance and ensure that their actions reduce GHG emissions. Complete, consistent and accurate measurement enables local governments to assess their risks and opportunities, track their progress, and create a strategy to reduce emissions in a quantifiable and transparent way. DISADVANTAGES: There will be unknown costs associated with developing and implementing programs to reduce GHG emissions, ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, April 22, 2010. The Agenda and report were posted on the City's website on Friday, April 23, 2010. No public comments were received. Attachments: 1. City of Arroyo Grande Greenhouse Gas Emissions Inventory Report 2 Power Point Presentation to City Council Agenda Item 11.b. Page 6 ATTACHMENT 1 CITY OF ARROYO GRANDE Community -Wide and Government Operations 2005 Baseline Greenhouse Gas Emissions Inventory Prepared for: AIR POLLUTION 10 (,'0[;N1Y (,,)F SAN WN ()1131161'01 CO NTROL, DIST SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT ON BEHALF OF THE CITY OF ARROYO GRANDE Prepared b y.- pr � rana ���� DS7r � rv � l � eJl �� I �� b � 1, � NV � 14 � { i �y 9 Ylll! �1 jyY1�Vrkl�l ll,YPd%�Nll�frldf 860 WALNUT STREET, SUITE B SAN Luis OBISPO, CA 93401 -2725 April 2010 Agenda Item II.b. Page 7 Credits and Acknowledgements Report prepared by PMC for the San Luis Obispo County Air Pollution Control District on behalf of the City of Arroyo Grande. I ;J i� 1 0 .0 , =r" a 0 Tammy Seale, Project Manager Jaime Hill, Associate Planner Jillian Rich, Associate Planner Scott Kaiser, Assistant Planner Chad Endicott, Planning Intern Air Pollution Control District Larry Allen, Air Pollution Control Officer Aeron Arlin Genet, Planning and Outreach Manager Melissa Guise, Air Quality Specialist Dean Carlson, Air Quality Engineer City of Arroyo Grande Teresa McClish, Director, Community Development Kelly Heffernon, Associate Planner, Community Development Kelly Wetmore, City Clerk Tricia Meyers, Accounts Payable, Finance Department Glenda Boner, City Yard Office Assistant, Public Works County of San Luis Obispo Janice Campbell, Agriculture Department IWMA Peter Cron, Analyst PG&E John Bohman, Green Communities and Innovator Pilots Southern California Gas Company Colby Morrow, Environmental Affairs Program Manager, Customer Programs ICLEI — Local Governments for Sustainability California Air Resources Board Tom Scheffelin, Analyst, Transportation Analysis Section Jon Taylor P.E., Manager, Transportation Analysis Section Waste Solutions, Inc, Tom Martin City of Arroyo Grande === Waage Table of Contents ExecutiveSummary ................................................................................ ..............................1 1 Introduction ...................................................................................... ............................... 7 1.1 Purpose of a GHG Inventory ..................................................... ..............................7 1.2 Climate Change - Legislative Background ............................... ............................... 9 1.3 The Cities for Climate Protection Campaign ............................ .............................12 1.4 Local Sustainability and Climate Change Mitigation Activities .. .............................13 2. Community and Government Operations Inventory Methodology .... .............................16 2.1 Baseline and Forecast Years ................................................... .............................16 2.2 The Two Inventories: Community -Wide and City Government Operations ...........16 2.3 Data Collection and Methodology ............................................ .............................18 2.4 Data Sources ........................................................................... .............................19 2.5 Data Limitations ..................................................................... ............................... 21 2.6 Clean Air and Climate Protection Software 2009 ................... ............................... 23 3. Community GHG Inventory Results ............................................... ............................... 24 3.1 Community -Wide Emissions by Scope ..................................... .............................24 3.2 All Scope Emissions by Sector ................................................. .............................26 3.3 Transportation ........................................................................ ............................... 28 3.4 The Built Environment (Residential, Commercial, Industrial) .... .............................29 3.5 Waste ....................................................................................... .............................31 3.6 Other- Off-Road Agricultural Equipment ................................. ............................... 33 3.7 Community Emissions by Source ........................................... ............................... 34 3.8 Per Capita Emissions ............................................................. ............................... 36 4. City Government Operations GHG Emissions Inventory Results ... ............................... 37 4.1 City Government Operations Inventory Results ..................... ............................... 37 4.2 Building Sector ......................................................................... .............................38 4.3 Vehicle and Transit Fleet ....................................................... ............................... 39 4.4 Employee Commute ................................................................. .............................40 4.5 Streetlights and Traffic Signals ................................................. .............................42 4.6 Water and Sewage ................................................................. ............................... 42 City of Arroyo Grande U"s 4.7 Waste ..................................................................................... ............................... 42 4.8 Other — Miscellaneous Equipment ......................................... ............................... 42 4.9 City Emissions by Source ...................................................... ............................... 42 5. Forecast ......................................................................................... ............................... 44 6. Conclusion and Next Steps .............................................................. .............................46 List of Tables Table 2 -1: Data Sources For Community Analysis, 2005 ............... ............................... 20 Table 2 -2: Data Sources For City Government Operations Analysis, 2005 .................. 21 Table 3 -1: Emission Sources Included in 2005 Community Inventory By Scope and Sector ............................................................................ ............................... 25 Table 3 -2: Community GHG Emissions per Sector per Scope (Metric Tons of CO2e) .. 26 Table 3 -3: Community GHG Emissions by Sector (Metric Tons of CO2e) .................... 27 Table 3 -4: Transportation GHG Emissions by Road Type .............. ............................... 28 Table 3 -5: Transportation GHG Emissions by Fuel Source ............ ............................... 29 Table 3 -6: Residential GHG Emissions Sources ............................ ............................... 31 Table 3 -7: Commercial /Industrial GHG Emissions Sources ............ ............................... 31 Table 3 -8: Waste GHG Emissions by Waste Type ......................... ............................... 33 Table 3 -9: Community GHG Emissions by Source ......................... ............................... 35 Table 4 -1: 2005 City Government Operations GHG Emissions by Sector .................... 38 Table 4 -2: Building Sector GHG Emissions by Source, 2005 ......... ............................... 39 Table 4 -3: Days of City Employee Travel by Commute Mode ........ ............................... 40 Table 4 -4: Employee Commute VMT by Vehicle and Fuel Type ...... .............................41 Table 4 -5: City Government Operations GHG Emissions by Source ............................ 43 • - City of Arroyo Grande Agenda Item I I .b. Page List of Figures Figure ES -1: Community GHG Emissions by Sector ............................ ............................... 2 Figure ES -3: City Government Operations GHG Emissions by Sector . ............................... 3 Figure ES -2: City Government Portion of Community -Wide GHG Emissions ...................... 3 Figure ES -4: 2020 and 2025 City of Arroyo Grande Business -As -Usual GHG Emissions Forecast.......................................................................... ............................... 5 Figure ES -5: Business -As -Usual Forecast in Relation to State - Recommended Reduction Targets............................................................................ ............................... 6 Figure 1 -1: The Greenhouse Gas Effect ............................................. ..............................7 Figure 1 -2: California Climate Change GHG Emissions and Targets .............................11 Figure 1 -3: The ICLEI Five - Milestone Process .................................. .............................13 Figure 2 -1: The Relationship Between Community -Wide and City Government Inventories....................................................................... .............................17 Figure 2 -2: GHG Emissions Scopes .................................................. .............................19 Figure 3 -1: 2005 Community GHG Emissions by Scope ................. ............................... 25 Figure 3 -2: 2005 Community GHG Emissions by Sector ................. ............................... 27 Figure 3 -3: Community GHG Emissions by Fuel Type .................... ............................... 28 Figure 3 -4: Built Environment GHG Emissions by Sector .................. .............................30 Figure 3 -5: Built Environment GHG Emissions by Source ............... ............................... 30 Figure 3 -6: Residential GHG Emissions by Source ......................... ............................... 30 Figure 3 -7: Commercial/ Industrial GHG Emissions by Source ........ ............................... 30 Figure 3 -8: Waste GHG Emissions by Type .................................... ............................... 32 Figure 3 -9: Community GHG Emissions by Source ........................... .............................35 Figure 4 -1: City Government Operations Contribution to Community -Wide GHG Emissions...................................................................... ............................... 37 Figure 4 -2: City Government Operations GHG Emissions by Sector ............................. 37 Figure 4 -3: Building GHG Emissions by Sector ............................... ............................... 38 Figure 4 -4: Vehicle Fleet Fuel Consumption per Year by Type ........ ............................... 39 Figure 4 -5: City Government Operations GHG Emissions by Source ............................ 43 Figure 5 -1: 2020 and 2025 Business -As -Usual Projected Growth in Community -Wide Emissions...................................................................... ............................... 44 Figure 6 -1: GHG Forecast in Relation to Reduction Targets ............ .............................47 City of Arroyo Grande -sZ FAns �1:4 I P L61:4_Z-1 Appendix A: CACP2009 Detailed Report for Community -Wide Emissions, 2005 Appendix B: CACP2009 Detailed Report for City Government Operations Emissions, 2005 Appendix C: Detailed Methodology for Community -Wide Inventory Appendix D: Detailed Methodology for City Government Operations Inventory Appendix E: City Employee Commute Survey, 2009 • - City of Arroyo Grande Agenda Item 11.b. I -sZ Executive Summary Climate change is quickly becoming a high priority among policymakers and residents alike. In March 2009, the City Council made a commitment to evaluating Arroyo Grande's contribution to global climate change through the development of a Community -Wide and City Government Operations Baseline Greenhouse Gas (GHG) Emissions Inventory (Inventory). This Inventory identifies the major sources of greenhouse gas emissions within the city' and provides a baseline against which future progress can be measured. This Inventory includes two components: (1) a community -wide analysis and (2) a City government operations analysis. It is important to note that the City government operations inventory is a subset of the community inventory, meaning that all City government operations emissions are included in the commercial /industrial, transportation, waste, or "other" categories of the community - wide inventory. The City government operations inventory should not be added to the community analysis; rather it should be looked at as a slice of the complete picture. Specifically, this Inventory does the following: • Calculates GHGs from community -wide 2 activities, including City government operations, within the City's jurisdictional boundary in calendar year 2005; • Identifies the major sources of greenhouse gas emissions from community -wide sources and City government operations; • Provides City decision - makers and the community with adequate information to inform policy decisions; and 1 In this report, the term "city" refers to the area inside the jurisdictional boundary of the City of Arroyo Grande, whereas "City government" refers to those activities which are under the operational control of City agencies. 2 "Community- wide" or "community" refers to all activities within the city (as defined above), including those from businesses, industrial processes, residents, vehicles, and City government operations. City of Arroyo Grande age • Forecasts how emissions will grow in the community if no behavioral changes are made. The 2005 community -wide and City government operations baseline GHG Inventory represents a key step in the City of Arroyo Grande's efforts to improve air quality, enhance sustainability, and ensure the safety and comfort of its residents for generations to come. In addition, this Inventory allows the City to quantitatively track and take credit for its numerous efforts related to energy efficiency and the mitigation of global climate change. COMMUNITY -WIDE GHG INVENTORY RESULTS The community of Arroyo Grande emitted approximately 96,549 metric tons of carbon dioxide equivalent (CO in the baseline year 2005. As shown in Figure ES -1, the transportation sector was by far the largest contributor to emissions (57.0 %), producing approximately 55,030 metric tons of CO in 2005. Emissions from the residential sector were the next largest contributor (24.6 %), producing approximately FIGURE ES-1: COMMUNITY 23,778 metric tons of CO The commercial F TUT I A A I . and industrial sectors accounted for a combined 12.3% of the total. Emissions from solid waste comprised 6.0% of the total, and emissions from finport other sources such as agricultural equipment 5.0 comprised 0.1%. The majority of emissions from the transportation sector were the result of gasoline consumption in private vehicles traveling on local roads, US 101, and state highways. GHG figures from the waste sector are the estimated future emissions that will result from the decomposition of waste generated by city residents and businesses in the base year 2005, with a weighted average methane capture factor of 60.0 %. W r M. FE : . NIn 3 In 2005, the San Luis Obispo Air Pollution Control District reported methane capture rates for Chicago Grade, Cold Canyon, and the Paso Robles Municipal Landfill. The methane recovery factors of the landfills are based on the system operations at that time. • - City of Arroyo Grande Agenda Item 11.b. Page Waste 6. CITY GOVERNMENT OPERATIONS GHG INVENTORY RESULTS City government operations and facilities produced approximately 994 metric tons of greenhouse gas emissions in 2005. As displayed in Figure ES -2, this represents approximately 1.0% of total community -wide emissions in the city. City government emissions result from waste, energy consumption from water and wastewater facilities, buildings, streetlights and other facilities, fuel consumption by the vehicle and employee commutes, and miscellaneous equipment. Fuel consumption by the City vehicle fleet was the largest contributor to the City's emissions (34.6 %), producing 344 metric tons of carbon dioxide equivalent (refer to Figure ES- 3). The second largest contributor (25.5 %) was from fuel consumption by City employees during their commute to and from work. Emp 1c paw 1, .0% Commute Streetlights 251.5 — Signals 15.7% " 'O — Waste l wate r Facilities 0.4 �oIidWa 0.8 Other 1.2% Vehicle `�-,,,_Buildin City government operations emissions are a subset of the total community -wide emissions as outlined above. However, similar to the way in which businesses and factories perform their own facility -scale GHG Inventories, this Inventory analyzes City emissions separately to identify cost - saving and emissions - reducing strategies in the future. The methodology for estimating emissions from local government operations is guided specifically by the Local Government Greenhouse Gas Inventory Protocol developed by the California Air Resources Board, ICLEI — Local Governments for Sustainability, and the California Climate Registry. City of Arroyo Grande -sZ DATA LIMITATIONS This Community -Wide and City Government Operations Baseline GHG Emissions Inventory captures the major sources of greenhouse gases caused by activities within the City per standard practice. However, it is important to note that some likely emission sources were not included in the Inventory either because of privacy laws, lack of data, or a lack of reasonable methodology for calculating emissions. It is estimated that the sources not included in the Inventory comprise less than 5.0% of total emissions in the City. It is likely that as greenhouse gas inventories become more common, methodology and accessibility to data will improve. The sources that could not be included due to privacy laws, lack of data availability, and /or a reasonable methodology include the following: • Refrigerants from City government operations facilities and vehicles; • Propane, wind, or solar energy consumed by the community -at- large; and • Recreational off -road equipment and vehicles. These limitations are explained on page 21 of this document. FORECAST AND NEXT STEPS If consumption trends continue the pattern observed in 2005 emissions will reach 116,556 metric tons of CO by 2020, or a 20.7% increase over 2005 baseline levels. By 2025, emissions will reach 124,303 metric tons of CO or a 28.7% increase over 2005 baseline levels. City of Arroyo Grande Agenda Item II.b. Page MMM E! M In flier Walt Trans r tatiot' wi o wi" r er ci l I r) tr trial w Residential With this information the City can make an informed determination of a reduction target. Conformance with the State of California's recommended reduction of 15% below present levels by 2020 would result in a 35.7% reduction below the City's business -as -usual emissions. By 2025 the reduction would increase to 54.6% below business -as -usual (Figure ES -5). 4 AB 32 Scoping Plan, page 27 states that CARB encourages local governments to "move toward establishing similar goals for community emissions that parallel the State commitment to reduce greenhouse gas emissions by approximately 15 percent from current levels by 2020." http City of Arroyo Grande -!Z 2005 2020 202 130,000 110000 90 . P 000 Business -as -usual forecast 116,556 metric tons CO by 2020; 124,303 metric tons CO by 2025 2005 baseline levels = 96,549 metric tons CO by 2025 15% below 2005 baseline levels = 82,067 metric tons CO by 2020; pursuing 80% reduction by 2050 = 77,239 metric tons CO by 2025 Actual Reduction = 34,490 metric tons (35.7 %) by 2020; 47,064 metric tons (48.7 %) by 2025 below business -as- usual 70,000 1 __ _ __ _ _ __ 2020 2025 It is likely that the City's emissions are already below the business -as -usual forecast due to sustainability efforts initiated by the City since 2005. A summary of these efforts is on page 14. • - • City of Arroyo Grande Agenda Item I I .b. I age 1. Introduction In March 2009, the City Council adopted a resolution to join ICLEI - Local Governments for Sustainability (ICLEI) and to authorize the preparation of a greenhouse gas emissions (GHG) baseline inventory. In committing to the project, the City of Arroyo Grande embarked on an ongoing, coordinated effort to reduce the GHG emissions, to improve air quality, and to reduce costs. This section introduces the Inventory, defines key terms used throughout the Inventory, and provides an overview of climate change science and regulation in California. 1.1 PURPOSE OF A GHG INVENTORY This Inventory represents completion of the first step in the City's climate protection process. As advised by ICLEI, quantifying recent -year emissions is essential to establish: (1) a baseline against which to measure future emission levels, and (2) an understanding of where the highest percentages of emissions are coming from, and, therefore, the greatest opportunities for emissions reductions. This Inventory presents estimates of greenhouse gas emissions in 2005 resulting from the community as a whole. Climate Change — Scientific Background Scientific consensus holds that the world's population is releasing greenhouse gases faster than the earth's natural systems can absorb them. These gases are released as byproducts of fossil fuel combustion, waste disposal, energy use, land -use changes, and other human activities. This release of gases, such as carbon dioxide (CO methane (CH and nitrous oxide (N creates a blanket around the earth that allows light to pass through but traps heat at the surface preventing its escape into space (Figure 1 -1). Known as the greenhouse effect, models show that this phenomenon could lead to a 2 ° F to 10 ° F temperature increase over the next 100 years. The City of Arroyo Grande Rage Source: Tufts University Intergovernmental Panel on Climate Change (IPCC) warns that most of the warming observed over the last 50 years is attributable to human activities. Although used interchangeably, there is a difference between the terms "climate change" and "global warming." According to the State, climate change refers to "any long -term change in average climate conditions in a place or region, whether due to natural causes or as a result of human activity . Global warming, on the other hand, is an average increase in the temperature of the atmosphere caused by increased greenhouse gas emissions from human activities. The use of the term climate change is becoming more prevalent because it encompasses all changes to the climate, not just temperature. Additionally, the term climate change conveys temporality, implying that climate change can be slowed with the efforts of local, regional, state, national, and world entities. Changes in the earth's temperature will have impacts for residents and businesses in the City of Arroyo Grande. Some of the major impacts to the Central Coast expected to occur include the following, separated by sector.8, g • Coastline: The San Luis Obispo County coastline could face inundation as a result of sea level rise and global warming. As temperatures rise, the ocean waters rise as well due to thermal expansion and the melting of glaciers and snowpack. The state's 2009 Climate Change Impacts Assessment (the 2009 Scenarios Project) estimates that sea levels will rise by 12 to 18 inches by 2050 and 21 to 55 inches by 2100. This level of sea rise has the potential to negatively affect groundwater salination as well as the size and attractiveness of local beaches, which could affect property values and the tourism industry in the County; • Reduced Water Supply: The 2009 Scenarios Project estimates a decrease in precipitation of 12 - 35% by 2050. Higher temperatures are also expected to increase 5 Intergovernmental Panel on Climate Change. Fourth Assessment Report, Working Group I. 2007. Climate Change 2007: The Physical Science Basis, Summary for Policy Makers. 6 California Natural Resources Agency. 2009 California Climate Adaptation Strategy Discussion Draft. August 2009. 7 U.S. Environmental Protection Agency, Climate Change website. http : / /www.epa.gov /climatechange /, accessed August 5, 2009. 8 California Climate Change Center. Our Changing Climate: Assessing the Risks to California (2006), www.climatechange.ca.gov 9 Governor's Office of Planning and Research (OPR). Proposed CEQA Guideline Amendments for Greenhouse Gas Emissions. April 2009. • - : City of Arroyo Grande Agenda Item I I .b. I age evaporation and make for a generally drier climate. In addition, more precipitation will fall as rain rather than snow, which will cause snow to melt earlier in the year and not in the warmer, drier months when water is in higher demand; • Agriculture: Climate change could cause a shift in the type and location of agriculture in the area. As saltwater intrudes into coastal aquifers and groundwater resources decrease, it is possible that some crops will be forced out of the area, which affects the local economy and food supply. Water supplies to agriculture may be 20 -23% below demand targets between 2020 and 2050; • Public Health: Climate change could potentially threaten the health of residents of Arroyo Grande. Heat waves are expected to have a major impact on public health, as will decreasing air quality and an increase in mosquito- breeding and mosquito -borne diseases. There is also expected to be an increase in allergenic plant pollen and an increase in the frequency of wildfires. The elderly, young and other vulnerable populations will need assistance as they will not have the resources to deal with the costs and adapt to the expected changes. Although one city cannot resolve the issue of global climate change, local governments can make a positive impact through cumulative local action. Cities and counties have the ability to reduce greenhouse gas emissions through effective land use and transportation planning, wise waste management, and the efficient use of energy. The City can achieve multiple benefits including lower energy bills, improved air quality, economic development, reduced emissions, and better quality of life through: • Increased energy efficiency in City facilities and vehicle fleet; • Sustainable purchasing and waste reduction efforts; • Sustainable land use and transportation planning; and • Efficient management of water resources. This Inventory serves as a baseline measurement for implementing and tracking the effectiveness of these efforts. 1.2 CLIMATE CHANGE - LEGISLATIVE BACKGROUND California continues to be a leader in addressing climate change in the United States and in the world. In June of 2005, Governor Schwarzenegger issued a landmark Executive Order City of Arroyo Grande age establishing progressive greenhouse gas emissions targets for the entire state. Executive Order (EO) S -3 -05 establishes the following goals: • By 2010, reduce greenhouse gas emissions to 2000 levels; • By 2020, reduce greenhouse gas emissions to 1990 levels; • By 2050, reduce greenhouse gas emissions to 80% below 1990 levels. To support these reduction targets, the California legislature adopted the California Global Warming Solutions Act of 2006, also known as Assembly Bill (AB) 32. The law requires the California Air Resources Board (CARB) to develop regulatory and market mechanisms that will reduce greenhouse gas emissions to 1990 levels by 2020 as shown in Figure 1 -2 below. To achieve this goal, CARB developed a set of early action measures in 2007 for priority implementation in 2010. These early action measures became part of the AB 32 implementation plan, or Scoping Plan, approved in December 2008. The Scoping Plan identifies a variety of GHG reduction activities including direct regulations, monetary and non - monetary incentives, voluntary actions, market -based mechanisms such as a cap- and - trade, and an implementation fee regulation to fund the program. The Scoping Plan also identifies local governments as "essential partners" and calls for cities and counties to adopt GHG reduction targets consistent with AB 32. • - City of Arroyo Grande Agenda Item 11.b. Page 700 600 500 O .. r .v m 400 }, �> Cr w 0 300 _o v 2 200 100 0 -174 MMTCO Reduction 1990 Emission Baseline 80% Reduction -341 MMTCO 1990 2000 2010 2020 2050 Year Although EO S -3 -05 and SB 97 have made California a national leader in climate change policy, there is much more to come. The California legislature passed numerous bills in recent years concerning energy use, land use, transportation, and other climate change topics. These bills 10 Governor's Office of Planning and Research (OPR). Proposed CEQA Guideline Amendments for Greenhouse Gas Emissions. April 2009. City of Arroyo Grande -sZ will result in the guidance and funding necessary for local governments to move forward with climate action efforts. At the same time, the State is working to form regional approaches to reducing greenhouse gas emissions in response to the passage of Senate Bill 375 (SB 375). SB 375 aims to reduce greenhouse gas emissions by linking transportation funding to land use planning. It also requires Metropolitan Planning Organizations, including the San Luis Obispo Council of Governments, to include a Sustainable Communities Strategy (SCS) in their Regional Transportation Plans (RTPs) for reducing suburban sprawl. The bill also creates incentives for implementation of sustainable communities strategies and sustainable transportation plans. Additional efforts are under way to affect the overall transportation sector by mandating fewer emissions from vehicles, including Assembly Bill 1493 signed into law in 2002, which requires carmakers to reduce emissions from new passenger cars and light trucks beginning in 2009. The U.S. Environmental Protection Agency (EPA) approved the new emissions standards in June 2009. The State is also preparing for climate change resiliency in order to adapt to the inevitable effects of climate change. In November 2008, Governor Schwarzenegger signed Executive Order S -13 -08 which asked the Natural Resources Agency to identify how state agencies can respond to rising temperature, changing precipitation patterns, sea level rise, and extreme natural events. The order requires the Natural Resources Agency to develop a Climate Adaptation Strategy (CAS) to analyze climate change impacts to the state and recommend strategies to manage those threats. The Natural Resources Agency released a discussion draft of the CAS in August 2009. The scale and pace at which the State of California is addressing this issue necessitates that local governments accelerate efforts to combat climate change. 1.3 THE CITIES FOR CLIMATE PROTECTION CAMPAIGN By adopting a resolution to join ICLEI - Local Governments for Sustainability, the City of Arroyo Grande is now part of an international movement of local governments. More than 1,000 local governments, including over 500 in the United States, have joined ICLEI's Cities for Climate Protection (CCP) campaign. The CCP campaign provides a framework for local communities to identify and reduce greenhouse gas emissions, organized along five milestones as represented in Figure 1 -3 below: • - City of Arroyo Grande Agenda Item 11.b. Page ��L ea d e rs h ��i P rIAX g oo, I 'jeSt&j'7", "I [nmentor �41 ' '11 1 Esta This report represents the completion of the first CCP milestone, and provides a foundation for future work to reduce greenhouse gas emissions in the City of Arroyo Grande. 1.4 LOCAL SUSTAINABILITY AND CLIMATE CHANGE MITIGATION Many of the air pollution programs already in place throughout San Luis Obispo County reduce ozone - forming pollutants and toxic emissions, but they also have ancillary benefits and reduce greenhouse gas emissions. The County, cities, and the Air Pollution Control District (APCD) implement rules and regulations, clean fuels programs, CEQA mitigation measures, grants, the Transportation Choices Program, pollution prevention activities, energy efficiency and conservation measures, water conservation programs, partnerships, and general public outreach that directly or indirectly address climate change and reduce greenhouse gas emissions. City of Arroyo Grande -sZ The APCD Board approved the first report or plan to address climate change in the county. The plan, viii .! ! ! iii.! iii i� N in ��i �n� �0�s�Ob��s u n t (2005), identifies the following seven actions that could be implemented to specifically address greenhouse gases (GHG) at the local level: 1) Prepare a countywide inventory of greenhouse gas emissions; 2) Target a percentage of mitigation grant funds for greenhouse gas emission reductions; 3) Evaluate and quantify the GHG reduction benefits from existing district programs; 4) Develop public education and outreach campaigns on climate change; 5) Encourage and provide support for local governments to join the Cities for Climate Protection program; 6) Develop partnership with Cal Poly for addressing climate change; and 7) Join the California Climate Registry and encourage local industry participation. As of November 2008, the APCD has initiated, promoted, or supported all of the implementation actions to address climate change and reduction of greenhouse gas emissions in the County. The APCD joined the California Climate Registry and conducted its greenhouse gas emissions inventory in the fall of 2008. The APCD facilitates regular meetings of Climate Change Stakeholders, a local group of city and county representatives that shares resources to address climate change. To encourage and support local greenhouse gas emissions inventories, the APCD is providing technical assistance to all of the incorporated cities to assist or perform GHG government operations and community -wide emissions inventories, similar to this Inventory, for all of the incorporated cities in San Luis Obispo County. The APCD also coordinates the Central Coast Clean Cities Coalition (C5). C5 is a partnership of public /private entities whose goal is to promote the use of alternative fuels vehicles (AFV) on the Central Coast. By working with area fleet operators, C5 sponsors training seminars, public events and grant funding workshops related to use of alternative fuels. The City of Arroyo Grande has been pursuing energy efficiencies through such measures as: • Adoption of a Green Corridor tax incentive program (2009) • Implementation of Water Conservation programs including: • - - City of Arroyo Grande Agenda Item I I .b. I age o Turf removal financial incentives (2009) O Plumbing Retrofit Program to provide free low -flow toilets and indoor plumbing fixtures (on -going since 2004) O Free irrigation controllers and sensors (on -going since 2009) o Mandatory conservation measures (2008) o Free Irrigation audits (ongoing since 2009) O Sustainable Landscape Seminar Series • Recycled water study • Solar and /or wind power facility study • Public — private project to install compressed natural gas and biodiesel fueling facilities • Investigating conversion of City fleet to CNG, electric and bio diesel vehicles • Retrofit of City buildings to increase energy efficiency • Plan to install solar powered public electric vehicle recharging stations • Support of SLO Green Build programs • Police Department vehicles equipped with bicycles and bike racks to supplement patrol with bicycle patrol • Development of a bikeway plan • Expansion of the park- and -ride lot • Purchase and installation of bike racks and lockers • Workplace Bike Sharing Program City of Arroyo Grande age 2. Community and Government Operations Inventory Methodology The first step toward reducing greenhouse gas emissions is to identify baseline levels and sources of emissions in the city. This information can later inform the selection of a reduction target and possible reduction measures to be included in a climate action plan. This section outlines the methodology used to calculate the community and City government operations inventories, including the difference between the two inventories, and the data collection process, data sources, GHG emission scopes, data limitations, and means of calculation. 2.1 BASELINE AND FORECAST YEARS The year 2005 was selected as the baseline year for the Inventory due to the availability of reliable data and consistency with other cities in San Luis Obispo County. The State of California uses 1990 as a reference year to remain consistent with the Kyoto Protocol, and also because it has well -kept records of transportation trends and energy consumption in that year. However, cities and counties throughout California typically elect to use 2005 or 2006 as a baseline year because of the more reliable recordkeeping from those years and because of the large amount of growth that has occurred since 1990. This Inventory uses a forecast year of 2020 to be consistent with the State of California GHG Inventory 12 forecast year and AB 32 target, both of which reference 2020. In addition, it is likely that any forecast beyond 2020 would have a significant margin of error because of unknown population growth rates and new technology. The business -as -usual forecast has also been extended to 2025 in consideration of the City's General Plan Horizon. F • A =1 0 1 ILGI ;J! I This Inventory is separated into two sections, community -wide and City government operations. �Pe ir ICI, .......... I P ........... i m , the City has completed an assessment of activities throughout the community and a more detailed analysis of City government operations including streetlights, 11 In this report, the term "city" refers to the incorporated area (the jurisdictional boundary of the City of Arroyo Grande), whereas "City" refers to those activities that are under the operational control of City agencies. "Community- wide" or "community" refers to all activities within the city (as defined above), including those from businesses, industrial processes, residents, vehicles, and City government operations. 12 California Greenhouse Gas Inventory, http / /www.arb.ca.gov /cc /inventory /inventory.htm • - City of Arroyo Grande Agenda Item I I .b. I -sZ building energy use, fleet vehicles, and more. The City government operations inventory was conducted consistent with the N........... r Government iii n r t y developed b the ......... California Air Resources Board (CARB), ICLEI, The Climate Registry, and the California Climate Action Registry (CCAR). It is important to note that the City government operations inventory is a subset of the community inventory, meaning that all City government operations are included in the commercial /industrial, transportation, waste, or "other" categories of the community -wide inventory. The City's government operations inventory should not be added to the community analysis; rather it should be looked at as a slice of the complete picture as illustrated in Figure 2 -1. Although City operations are a small contributor to the community's overall emissions levels, an inventory allows the City to track its individual facilities and vehicles and to evaluate the effectiveness of its emissions reduction efforts at a more detailed level. City of Arroyo Grande -!Z Once completed, these inventories provide the basis for policy development, the quantification of emissions reductions associated with proposed measures, the creation of an emissions forecast, and the establishment of an informed emissions reduction target. 2.3 DATA COLLECTION AND METHODOLOGY Creating the community and City government operations emissions inventories required the collection of information from a variety of sources. Sources for community data included the Pacific Gas and Electric Company (PG &E), the Southern California Gas Company, Caltrans, and the California Integrated Waste Management Board. City government operations data sources included PG &E, the Southern California Gas Company, South County Sanitary District, and documentation from multiple City departments including planning, public works, fleet maintenance, accounts receivable and more. Data from the year 2005 were used in both inventories, with the following exceptions: • A subset of waste data by type was not available for 2005, therefore this study utilizes a California statewide waste characterization study conducted in 2003 -2004; • City employee commuting trips were calculated using an employee survey conducted in 2009; • Complete City vehicle fleet data was not available for 2005, therefore this study utilized 2007, the first full calendar year for which data was available; and • Propane, wind and solar power used in the community. For community activities and City operations, emissions sources are categorized by scope. Scopes help us identify where emissions originate from and what entity retains regulatory control and the ability to implement efficiency measures. The scopes are illustrated in Figure 2 -2 and defined as follows: • Scope 1. Direct emissions sources located within the community, mostly from the combustion of fuels. Examples of Scope 1 sources include use of fuels such as gasoline and natural gas. • Scope 2. Indirect emissions that result because of activities within the community, limited to electricity, district heating, steam and cooling consumption. An example of a Scope 2 source is purchased electricity used within the community. These emissions should be included in the community -wide analysis, as they are the result of the community's electricity consumption. City of Arroyo Grande Agenda Item 11.b. Page ju • Scope 3. All other indirect emissions that occur as a result of activity within the community. Examples of Scope 3 emissions include methane emissions from solid waste generated within the community which decomposes at landfills either inside or outside of the community. Appendices A and B of this report separate the community and City government operations emissions by scope. Each sector is labeled with a 1, 2, or 3 that corresponds to the scopes above. 2.4 DATA SOURCES The data used to complete this Inventory came from multiple sources, as summarized in Tables 2 -1 and 2 -2. Utility providers supplied electricity and natural gas consumption data associated with commercial, industrial, residential, and City government buildings in 2005. Vehicle miles traveled (VMT) information was obtained from the 2005 Highway Performance Maintenance System (HPMS) developed by Caltrans and refined with County Geographic Information System (GIS) data. These data sources are further explained in the sector - specific discussions of this document. City of Arroyo Grande age Source: NZBCSD (2002), The Challenge of GHG Emissions: the "why" and "how" of accounting and reporting for GHG emissions: An Industry Guide, New Zealand Business Council for Sustainable Development, Auckland • - City of Arroyo Grande Agenda Item I I .b. I -sZ •]� It is important to note that calculating community -wide greenhouse gas emissions with precision is a complicated task. The ICLEI Clean Air and Climate Protection (CACP2009) software relies on numerous assumptions and is limited by the quantity and quality of available data. Because of these limitations it is useful to think of any specific number generated by the model as an approximation of reality, rather than an exact value. The city's actual 2005 greenhouse gas emissions are likely to be slightly greater than what are reported in this document due to three main factors: (1) data limitations, (2) privacy laws, and 3) a lack of a reasonable methodology to collect or model emissions data. The following paragraphs highlight emissions that cannot be included in a GHG Inventory under current science and policy direction or due to lack of reliable data. City of Arroyo Grande -!Z Data Limitations Lack of available data prevented the calculation of emissions from community -wide off -road vehicles and equipment, propane use and City government operations refrigerants. For off -road vehicles and equipment emissions the iiif rniii iiir ur r 2007 software provides emissions from a range of activities; however, these numbers are aggregated for the entire San Luis Obispo County area, including incorporated, unincorporated, and state or federally owned land. Lack of data availability also prevents the calculation of emissions from rp opane (liquefied ............ petroleum gas, or LPG) created within the city's boundaries. Propane is basically an unregulated fuel in California (except for storage and safety issues which are regulated). Because it is an unregulated commodity, no data is collected by the state on propane sales or usage. Another sector that was excluded from the inventory is City government operations refrigerants. The City of Arroyo Grande made a best effort to gather data on the amount of refrigerants consumed by fleet vehicles, HVAC systems, and City government operations facilities; however City records were not suited to this purpose. It is recommended that the City look into amending its record keeping so that the amount of refrigerants purchased and consumed within a year is recorded. Privacy Laws This Inventory does not separately analyze site -level emissions from specific sources such as refineries or large industrial emitters. The emissions from industrial energy consumption and related transportation are included under the commercial /industrial category, but will not be analyzed independently as part of this Inventory for two reasons: 1) State privacy laws prevent us from obtaining site -level energy consumption data from utility providers. Notably the California Public Utilities Commission 15/15 rule, 13 prevents us from analyzing industrial emissions separately from commercial emissions. 2) It is the responsibility of the emitter, whether it is a large refinery or household, to perform its energy audit and subsequent reduction process. Efforts to require site -level energy audits and greenhouse gas emissions reporting are being continually expanded 13 Commercial and Industrial Electricity and Natural Gas were combined into one section due to the California 15/15 rule. The 15/15 rule was adopted by the California Public Utilities Commission in the Direct Access Proceeding (CPUC Decision 97 -10 -031) to protect customer confidentiality. • - City of Arroyo Grande Agenda Item I I .b. Page and required by the California Climate Action Registry, U.S. Environmental Protection Agency, and California Air Resources Board. Lack of a reasonable methodology A lack of a reasonable methodology for calculating carbon dioxide, methane, and nitrous oxide prevents estimation of lifecycle emissions for the community. Lifecycle emissions are emissions associated with the production and disposal of items consumed by a community. For instance, a lifecycle assessment would estimate the emissions associated with the planning, production, delivery, and disposal of each car currently in the city. In contrast, this analysis only captures how much that car drives within the city. Despite these limitations, the Clean Air and Climate Protection (CACP2009) software 14 and ICLEI methodology provide the best - available snapshot of the city's greenhouse gas emissions. Additionally, the CACP2009 tool is utilized to promote consistency among municipalities throughout the country and the world. Sector - specific data limitations or methodological issues are explained thoroughly in Appendices C and D. However, it is important to note that the emissions identified in this report are primarily greenhouse gases that the community has directly caused and has the ability to reduce through implementation of conservation actions, a Climate Action Plan, or corresponding efforts. 2.6 CLEAN AIR AND CLIMATE PROTECTION SOFTWARE 2009 The City government operations and community -wide inventories use the Clean Air and Climate Protection (CACP2009) software package developed by ICLEI in partnership with the National Association of Clean Air Agencies (NACAA) and Torrie Smith Associates. This software calculates emissions resulting from energy consumption, vehicle miles traveled, and waste generation. The CACP2009 software calculates emissions using specific factors (or coefficients) according to the type of fuel used. CACP2009 aggregates and reports the three main greenhouse gas emissions (CO CH and N and converts them to equivalent carbon dioxide units, or CO Equalizing the three main greenhouse gas emissions as CO allows for the consideration of different greenhouse gases in comparable terms. For example, methane (CH is 21 times more powerful than carbon 14 The Clean Air and Climate Protection (CACP2009) software 2009 was developed by the State and Territorial Air Pollution Program Administrators and the Association of Local Air Pollution Control Officials (SAPPA/ALAPCO), the International Council for Local Environmental Issues (ICLEI), and Torrie Smith Associates. City of Arroyo Grande -sZ dioxide on a per weight basis in its capacity to trap heat, so the CACP2009 software converts one metric ton of methane emissions to 21 metric tons of carbon dioxide equivalents. The emissions coefficients and quantification method employed by the CACP2009 software are consistent with national and international inventory standards established by the Intergovernmental Panel on Climate Change (1996 Revised IPCC Guidelines for the Preparation of National Inventories) and the U.S. Voluntary Greenhouse Gas Reporting Guidelines (EIA form 1605). 3. Community GHG Inventory Results The City of Arroyo Grande contains primarily residential and commercial land uses. In the 2005 baseline year, there were approximately 16,330 people, 7,940 jobs, and 6,665 households in the City. 16 The following section provides an overview of the emissions caused by activities within the jurisdictional boundary of the city and analyzes the emissions in terms of scope, sector, source, and population. 3.1 COMMUNITY -WIDE EMISSIONS BY SCOPE Although there are countless items that can be included in a community -wide emissions inventory, as discussed in Chapter 2, this Inventory includes Scope 1, Scope 2, and Scope 3 sources from the following sectors, consistent with the ICLEI protocol: • Residential • Commercial / Industrial • Transportation • Waste • Other - Off -Road Agricultural Equipment Emissions. Table 3 -1 summarizes the scopes of each sector in this analysis. 15 The potency of a given gas in heating the atmosphere is defined as its Global Warming Potential, or GWP. For more information on GWP see: IPCC Fourth Assessment Report, Working Group I, Chapter 2, Section 2.10. 16 Population and job data calculated from the ERA Report prepared for the San Luis Obispo Council of Governments, July 2006 revision. Household data calculated through 2000 U.S. census data. • - - City of Arroyo Grande Agenda Item 11.b. Page Including all sectors and scopes, the community emitted approximately 96,549 metric tons of CO in 2005. As shown in Figure 3 -1 and Table 3 -2, the majority of community GHG emissions were Scope 1 (74.5 %), with Scope 2 (19.4 %) and Scope 3 Scope 1 (6.1 %) constituting the remainder. 7. The largest portion of Scope 1 emissions came from the transportation sector (refer to scope 2 Table 3 -2 and Figure 3 -1). These emissions 19.4% ,, ll�� lii�� qualify as Scope 1 because they involve the direct combustion of fuel within the jurisdictional boundary of the city. The second largest source of Scope 1 emissions was residential natural gas use. Residential uses also generated the largest percentage of Scope 2 emissions. Emissions from waste operations account for the majority of Scope 3 emissions, with inventoried off -road emissions contributing a minor portion. City of Arroyo Grande -sZ 3.2 ALL SCOPE EMISSIONS BY SECTOR As noted above, the community emitted approximately 96,549 metric tons of CO in calendar year 2005. In addition to analyzing the data by scope, it can also be aggregated by sector. As depicted in Figure 3 -2 and Table 3 -3 below, the transportation sector was the largest emitter (57.0 %) in 2005. Emissions from the residential sector were the next largest contributor (24.6 %), while the commercial and industrial sectors accounted for a combined 12.3% of the total. Emissions from solid waste comprised 6.0% of the total, and emissions from other sources such as agricultural equipment comprised 0.1% of the total. The majority of emissions from the transportation sector were the result of gasoline consumption in private vehicles traveling on local roads, US 101, and state highways. GHG emissions from the waste sector are the estimated future emissions that will result from the decomposition of waste generated by city residents and businesses in the base year 2005, with a weighted average methane capture factor of 60.0 %. 17 The "other" category includes emissions from off -road agricultural equipment. This source is categorized as `other' to correspond with the ICLEI CACP2009 software. • - City of Arroyo Grande Agenda Item I I .b. I -sZ ,ig MW Industrial 12.3% 18 The "other" cate includes emissions from off -road a e This source is cate as 'other' to correspond with the ICLEI CACP2009 software. Cit of Arro Grande - "0 X" = M. I M I 3.3 TRANSPORTATION As with the majority of California municipalities,' travel by on -road motorized vehicle constitutes the greatest percentage of greenhouse gas emissions in the city (57.0 %). The Inventory does not include trains or off -road recreational vehicles as there is no feasible methodology for calculating emissions from these sources as part of a community -wide inventory. The majority of the emissions in the transportation sector came from travel on local roads (75.7 %) in the city (Table 3 -4). Approximately 24.3% of the greenhouse gas emissions in the transportation sector resulted from highway travel. Of the total emissions in the transportation sector, an estimated 84.4% was due to gasoline consumption, with the remaining 15.6% coming from diesel use (see Figure 3 -3 and Table 3 -5). 19 For a list of California cities and counties that have developed GHG Inventories, refer to the California Office of Planning and Research's website: http / /www.opr.ca.gov City of Arroyo Grande M.'' Agenda Item II.b. Page These emissions result from the gasoline and diesel consumption of vehicles traveling within the city, including those that are just passing through. As a result, it is likely that the City does not have jurisdictional control to reduce the transportation emissions from the majority of this sector. However ICLEI and state protocol require that these emissions be included in a local inventory in order to capture all emissions within the area and calculate their effect on the local community. The Inventories for all San Luis Obispo cities and the county use this methodology for consistency and to avoid double- counting of transportation emissions. This analysis of highway transportation emissions assumes constant levels of travel along all highways in the county. The Caltrans data includes aggregated vehicle miles traveled (VMT) along highways for the entire county, including incorporated and unincorporated areas. This data was allocated to municipal jurisdictions using the proportion of highway miles in the city and other incorporated and unincorporated areas; traffic counts were not used to measure actual traffic levels at specific locations. This could mean that the community -wide transportation emissions are slightly inflated or understated; however, there is currently no feasible methodology to calculate emissions for individual jurisdictions with traffic data levels. Further discussion of the transportation sector methodology is included in Appendix C. 3.4 THE BUILT ENVIRONMENT (RESIDENTIAL, COMMERCIAL, INDUSTRIAL) With all scopes aggregated, 37.0% of total community -wide emissions in the year 2005 came from the "built environment." The built environment comprises residential, commercial, and industrial natural gas and electricity consumption. This analysis does not include emissions from other types of energy such as propane, solar, and wind due to lack of reliable sales, construction, or consumption data. The commercial and industrial sectors are combined in this Inventory due to the mandatory aggregating of commercial and industrial data by PG &E previously referenced. City of Arroyo Grande -sZ In 2005, nearly 70% of emissions from the built environment were from the residential sector, with the remaining 30% resulting from the commercial /industrial sectors (see Figure 3 -4). All of the emissions calculated from the built environment were the result of local natural gas consumption (Scope 1) and local consumption of electricity generated outside of the city (Scope 2). Overall, electricity consumption caused the majority of emissions from the built environment in 2005, as shown in Figure 3 -5. ��� d Ili pll IIIIII Indus I li!! I 330 Natural Gas 48 S _ �a Approximately 37.2% of emissions in the residential sector resulted from combustion of natural gas for heating and cooking (see Figure 3 -6 and Table 3 -6), while 68.1% of emissions in the commercial /industrial sector came from natural gas usage (see Figure 3 -7 and Table 3 -7). �a I W - - Natural Gas Electricity 37 32 • - City of Arroyo Grande Agenda Item I I .b. I -sZ It is useful to consider the causes behind significant variations in data when developing policies and programs to reduce emissions from each sector. For example, the policies that would aim to reduce emissions from the commercial /industrial sector may differ from those aiming to reduce emissions from the residential sector based upon the information above (and in the figures and tables below). In this regard, this Inventory provides valuable insight into policy development strategies. 3.5 WASTE Solid waste disposed of at managed landfills was responsible for 6% of total emissions for the community. The CACP2009 software calculates methane generation from waste sent to landfills in 2005 and accounts for the reported methane recovery factors among the two utilized landfills (Cold Canyon and Chicago Grade), which each had a methane capture rate of 60% in 2005. Cold Canyon Landfill accepted approximately 98% of the community's solid waste, while approximately 2% went to Chicago Grade. The methane recovery factors of the landfills are well documented by the San Luis Obispo County Air Pollution Control District based on the system operations at that time. For more information, please see detailed methodology in Appendix C. Waste emissions are considered Scope 3 emissions because they are not generated in the base year, but will result from the decomposition of waste generated in 2005 over the full 100 - year+ cycle of its decomposition. In 2005, the community sent approximately 20,245 tons of City of Arroyo Grande -sZ waste to landfills, including recycled materials used for cover. The 2004 California Statewide Waste Characterization Study provides standard waste composition for the State of California. Identifying the different types of waste in the general mix is necessary because during decomposition various materials generate methane within the anaerobic environment of landfills at differing rates. Carbonaceous materials such as paper and wood would actually sequester 21 the methane released in managed landfills, thereby offsetting some or all of the emissions from food and plant waste. However, GHG sequestration at the landfills has been set to zero, based on guidance in the Local Government Operations Protocol, which recommends eliminating the effect of landfill sequestration for both government operations inventories and community inventories, to be consistent with the principle that local government operations and community inventories should not account for emissions sinks. Figure 3 -8 and Table 3 -8 show the estimated percentage of emissions coming from the various types of organic, methanogenic waste. Oi &ME= 20 http- / /www.ciwmb.ca.gov/ Publications /defauIt.asp ?pubid =1097 21 Sequestration involves the storage of carbon dioxide in a solid material through biological or physical processes. • - City of Arroyo Grande Agenda Item I I .b. Page Off -road agricultural equipment including tractors, mowers, balers, combines, tillers, and other equipment produced approximately 0.1% of emissions in 2005, or 73 metric tons CO This calculation was performed using the California Air Resources Board OFFROAD2007 model and input into the "other" category in CACP2009. The OFFROAD model generates emission inventories by equipment type, accounting for age within a given year (2005). The OFFROAD software has the ability to calculate emissions from other types of off -road vehicles such as recreational vehicles, motor boats, and more. However, since data is aggregated by county, this information is only usable if it can be divided by jurisdiction within the county in a reasonable manner. As a reminder, this emissions inventory is a snapshot of emissions caused by activities within the city in the year 2005. Therefore, absent a methodology for estimating the portion of off -road vehicles driven or used within various jurisdictions, OFFROAD data cannot be allocated to different jurisdictions. As current practice and methodology stands, population data is not an acceptable measure of emissions per jurisdiction. To complete the analysis of impacts associated with agriculture activities, the Inventory allocated total agricultural emissions by the percentage of agricultural and open space land contained in each jurisdiction. For consistency, county agriculture and crop GIS data from 2007 was utilized to determine acreage within each jurisdiction. The city held a very minor part of agricultural land (0.11%) and therefore only a small portion associated off -road agricultural equipment emissions. City of Arroyo Grande -sZ In addition to viewing emissions by sector and by scope, policy and program development can benefit from an analysis of emissions according to their raw fuel or waste source. Figure 3 -9 and Table 3 -9 below demonstrate that more than 48.0% of all community emissions come from the consumption of gasoline on local roads and highways. Electricity (19.4 %) and natural gas (17.6 %) consumption from the built environment are the next most significant figures, with the remainder coming from diesel fuel, off -road equipment, and various waste products. • - - City of Arroyo Grande Agenda Item I I .b. I -!Z am Hum �v 30,000 Cit of Arro Grande - "0 ElectrIcIt Natural Gas Gasoline Diiesel Of od,''W'ast,e Pa r Plant DebrUs Wood E ne nt Products Text'I'les 3.8 PER CAPITA EMISSIONS Simply dividing total community greenhouse gas emissions by city population in 2005 (16,330) yields a result of 5.91 metric tons CO per capita .22 It is important to understand that this number is not the same as the carbon footprint of the average individual living in the City of Arroyo Grande and that the per capita emissions number for the city is not directly comparable to every per capita number produced by other emissions studies because of differences in emissions inventory methods. For general comparison, in 2005 emissions in California were estimated to be 13.6 metric tons CO per capita, and 23.5 metric tons Co per capita in the U.S. 22 Population in 2005 derived from the San Luis Obispo Council of Governments Long Range Socio- Economic Projections (Year 2025); July 2006 Revision. 23 Year 2005 tonnes of CO per capita estimate derived by dividing the total emissions reported in the California greenhouse Gas Inventory for 2000 -2005 prepared by the California Air Resource Board by the 2005 California Population Profile prepared by the U.S. Census Bureau. 24 Year 2005 tonnes of CO per capita estimate compiled by the World Resources Institute (WRI) Climate Analysis Indicators Tool (registration required to access data). • - City of Arroyo Grande Agenda Item I I .b. Page 4. City Government Operations GHG Emissions Inventory Results The City of Arroyo Grande government is comprised of nine departments: Administrative Services, Building and Fire, City Managers offices, Community Development, Legislative and Information Services /City Clerk, Parks, Recreation and Facilities, Police, and Public Works. This Inventory accounts for the 105 people employed by the City and City -owned and /or - operated buildings and facilities in 2005. This chapter reviews the results of the City government operations inventory by sector, including employee commuting emissions. 4A CITY GOVERNMENT OPERATIONS INVENTORY RESULTS City government operations and facilities produced approximately 994 metric tons of greenhouse gas emissions in 2005. As displayed in Figure 4 -1, this represents approximately 1.0% of total community -wide emissions. City government emissions result from waste, energy consumption from water and wastewater facilities, buildings, streetlights and other facilities, fuel consumption by the vehicle fleet and employee commutes, and miscellaneous equipment. The vehicle fleet was by far the largest contributor to the City's emissions (34.6 %) with 344 metric tons of carbon dioxide equivalent. The second largest contributor (25.5 %) was from the employee commute. (Refer to Figure 4 -2 and Table 4 -1 below.) E mployee licial 1.0% C omm u t e -� Streetlight & TrIi c Signal 'Water (Delivery 2.9 ," , - Was tewater Facilities 0.4 ,_Siolid Wa ste 01.8 Other 1.2 City of Arroyo Grande -sZ As mentioned in the Introduction, these emissions are a subset of the community emissions inventory discussed in Chapter 3. The City's government operations emissions are separately analyzed in this section in a manner that is similar to the way in which industry or business would produce a facility -scale greenhouse gas audit. The Local Government Greenhouse Gas Inventory Protocol developed by the California Air Resources Board, The Climate Registry, the California Climate Action Registry, and ICLEI guides the methodology for estimating emissions from local government operations. Local government emissions reporting is deemed significant in order to establish local governments as climate leaders in the community so that they can lead by example and pave the way for energy efficiency improvements. 4.2 BUILDING SECTOR The building sector includes greenhouse gas emissions from energy consumption in facilities owned and operated by a municipality. This inventory calculates electricity and natural gas consumption in City -owned and - operated facilities. The facilities included in this analysis include City Hall, Police and Fire stations, City Natural Gas Hall, Public Works Yard, the Community and 33.5 Recreation Centers, sports facilities, parks, and numerous other facilities. Streetlights and traffic signals, and facilities associated with the conveyance of water are analyzed separately. As depicted in Figure 4 -3 and Table 4 -2, the majority of emissions resulted from electricity consumption (66.5 %). City of Arroyo Grande Agenda Item II.b. Page ou These emissions and associated consumption data will be useful in determining significant sources of energy consumption from City facilities. The determination will allow the City to designate priority facilities for energy efficiency retrofits and conservation outreach. 4.3 VEHICLE AND TRANSIT FLEET City -owned and - operated vehicles emitted approximately 344 metric tons of CO or 34.6% of total City government emissions. This sector includes gasoline and diesel consumption from all departments in the City operating vehicles, including the Fire and Police departments, Parks and Recreation, and Community Development. This estimate is based on 2007 data, the earliest calendar year for which complete data is available. No significant changes in the vehicle fleet or operating practices occurred during this time interval. City of Arroyo Grande -!Z 4.4 EMPLOYEE COMMUTE This sector estimates greenhouse gas emissions from City employees traveling to and from work in 2005. The estimate is based on a June 2009 online survey conducted by the City, a blank version of which is included as Appendix F. Approximately 55 employees responded to the survey with usable information, meaning that all essential questions were answered, for an approximate a 62% response rate, the results of which were applied to the City employment total for 2005. The online survey found that most City employees travel to and from work by car. Employees were asked how many days of the week they travel by each commute mode, including driving alone (which includes motorcycles), carpooling, vanpooling, public transit, bicycling, walking, telecommuting, and other. The results show that employees get to and from 86% of their workdays by personal vehicle. The second most popular mode of transportation was walking or biking with a combined (7.7 %), followed by carpooling with 3.5% of the total. These figures for commute mode were combined with each respondent's travel distance to work, car model (if any), and fuel type (if any). The results show vehicle miles traveled (VMT) annually per vehicle type and fuel type (see Table 4 -4). These VMT numbers were then adjusted for the total employee population in 2005 and entered into the CACP2009 software to obtain CO Driving patterns were assumed to be constant for the purposes of this study; therefore, the 2009 sample was applied directly to the 2005 employee population. Only one modification to the • - - City of Arroyo Grande Agenda Item I I .b. Page sample data was made in order to account for the large increase in hybrid car sales between 2005 and 2009. The proportion of hybrid to traditional vehicles was roughly two - thirds less in 2005 than in 2009, according to state sales data. The 2009 survey results, adjusted for 2005 employee totals, resulted in an estimated 253 metric tons CO in 2005 from commuter travel to and from work. This figure comprises approximately 25.5% of total greenhouse gas emissions released from City government operations. The calculation does not include employee business travel or travel during lunchtime hours. Employee business travel is usually included in a City government GHG Inventory per protocol; however, we could not include it in this baseline analysis due to data limitations. The City maintains financial records of when employees travel by air or vehicle to conferences and other events; however, it does not keep records of business travel destinations. As such, this Inventory could not accurately account for GHG emissions from employee business travel. A minor adjustment to City record - keeping would allow the data to be included in the next City government operations GHG inventory. 25 www.hybridcars.com City of Arroyo Grande -!Z 4.5 STREETLIGHTS AND TRAFFIC SIGNALS The electricity consumed by City streetlights and traffic signals in calendar year 2005 resulted in approximately 156 metric tons of CO or approximately 15.7% of total City government emissions. This Inventory accounts for approximately 34 streetlights and traffic signals. Cam• In 2005, electricity consumption from water and wastewater facilities in the City emitted approximately 33 metric tons of CO or 3.3% of total emissions. This category includes energy use at the numerous lift stations, pumps and wells that are necessary to convey water to serve all city residents as well as municipal irrigation systems. 4.7 WASTE Similar to the Community -Wide analysis, waste produced by City facilities was calculated using the methane commitment method. The CACP2009 calculates the methane expected to be released from this landfilled waste over the course of its lifetime. In 2005, City facilities sent a total of 22.9 tons of waste to landfills, producing 8 metric tons of CO or 0.8% of total emissions. Unlike other sectors analyzed, the emissions from waste disposed of in 2005 will occur over multiple years as the waste breaks down over time. 4.8 OTHER — MISCELLANEOUS EQUIPMENT The "other" category encompasses emissions from miscellaneous equipment such as general service equipment and equipment used at park facilities. This equipment resulted in 12 metric tons of carbon dioxide, and less than 1.2% of total emissions. Emissions from miscellaneous City equipment were analyzed outside of the CACP2009 software using the California Air Resources Board protocol for inventorying local GHGs. Emissions were then put into the CACP2009 software in the "other" category, which allows for direct inputs when CACP2009 automation is not feasible. 4.9 CITY EMISSIONS BY SOURCE It can also be helpful to view overall City government emissions by source. As shown in Table 4 -5 and Figure 4 -5, the majority of emissions are from gasoline (52.0 %) consumed by the vehicle fleet and employee commute, electricity (31.6 %) consumption in City -owned buildings, streetlights, and water /sewage facilities, and diesel (8.0 %), also consumed by the vehicle fleet and employee commute. Natural gas, solid waste and miscellaneous equipment contributed in decreasing amounts to the remaining 8.4% of the overall City greenhouse gas emissions. • - - City of Arroyo Grande Agenda Item I I .b. Page 550 500 450 400 w N 0 N 350 0 . 300 a.+ 250 200 150 100 50 Electricity Natural Gas Gasoline Diesel Solid Waste Other City of Arroyo Grande == 5. Forecast The emissions forecast for the City of Arroyo Grande represents a business -as -usual prediction of how community -wide GHG levels will change over time if consumption trends and behavior continue as they did in 2005. These predictions are based on the community inventory results included in this report and statistics on job, household, and population growth from the City. The analysis (refer to Figure 5 -1) shows that if behavior and consumption trends continue as business -as- usual, emissions will reach 116,556 metric tons of CO by 2020, or a 20.7% increase over 2005 baseline levels. By 2025 emissions will reach 124,303 metric tons of CO or a 28.7% increase over 2005 baseline levels. The forecast does not quantify emissions reductions from state or federal activities including AB 32, the renewable portfolio standard, and SB 375. Additionally, it does not take into account reduction activities already under way or completed since 2005, the results of which likely put the community's emissions on a track well below the business -as -usual linear projection. Forecasts were performed by applying household, job, and population growth rates to 2005 community -wide greenhouse gas emissions levels. Baseline data and estimated growth were obtained from a long -range projections report developed by the San Luis Obispo Council of • - City of Arroyo Grande Agenda Item 11.b. Page bb Governments in 2006, as revised in May 2009. The "mid- range" cases for population, job, and household growth were used in this forecast estimation. City government operations emissions are not separately analyzed as part of this forecast due to a lack of reasonable growth indicators for the City government sector. However, an increase in emissions is not expected for existing facilities and operations in the City government operations sector. If anything, the City expects that emissions within the scope of the 2005 City government operations inventory will decrease because of energy efficiency improvements, fleet upgrades, and the consolidation of Fire and Police Services with adjacent jurisdictions. At the same time, it is likely the City will have to expand services and infrastructure to accommodate the expected growth in the region, which could add new sources of emissions to the City government operations inventory that did not exist in 2005. City of Arroyo Grande -!Z 6. Conclusion and Next Steps The City of Arroyo Grande has made a formal commitment to reduce its greenhouse gas emissions. This report lays the groundwork for those efforts by estimating baseline emission levels against which future progress can be demonstrated. This analysis found that the community was responsible for emitting 96,549 metric tons of CO in the base year 2005, with the transportation sector contributing the most (57.0 %) to this total. As a component of the community -wide analysis, City government operations produced 944 metric tons of CO or 1.0% of the total. In addition to establishing the baseline for tracking progress over time, this report serves to identify the major sources of city emissions, and therefore the greatest opportunities for emissions reductions. In this regard, the emissions inventory ought to inform the focus of the City's Climate Action Plan. If no action is taken, this report found that business -as -usual emissions will likely rise by 20.7% by 2020 and 28.7% by 2025. It is important to note that in order to remain consistent with greenhouse gas reduction methodology, all future quantifications OT reduction activities must be subtracted from this business -as- usual line. Not doing so would be assuming that emissions remain at constant 2005 levels while reduction activities are under way. In reality, the City's climate action efforts will be working against a rising emissions level due to job, population, and household growth. Figure 6 -1 below shows the business -as -usual emissions forecast in relation to 2005 baseline levels and the 15% reduction below 2005 levels recommended by the California Attorney General and Air Resources Board. 26 The difference between the business -as -usual forecast and the reduction targets is actually 35.7% in 2020 and 54.6% in 2025, which makes the State's recommended reduction goal challenging, but still feasible. As noted in the Forecast section of this report, it is likely that the 26 The ,,,,,,,,,,,;; ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,Climate ,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,i . o iii n w ,,, n Document prepared by the Air Resources Board calls for reducing greenhouse gas emissions to 1990 levels by cutting approximately 30 percent from business -as- usual emission levels projected for 2020, or about 15 percent from today's levels. • - City of Arroyo Grande Agenda Item 11.b. Page bts City's sustainability efforts have already caused emissions to fall below the business -as -usual linear projection line, thus making the 34,490 metric tons CO reduction by 2020 achievable. 130,000 110000 90 . F 000 Business -as -usual forecast 116,556 metric tons CO by 2020; 124,303 metric tons CO by 2025 2005 baseline levels = 96,549 metric tons CO 15% below 2005 baseline levels = 82,067 metric tons CO by 2020; pursuing 80% reduction by 2050 = 77,239 metric tons CO by 2025 Actual Reduction = 34,490 metric tons (35.7 %) by 2020; 47 metric tons (48.7 %) by 2025 below business -as- usual 70,000 1 __ _ __ _ _ __ 2020 2025 As the City moves forward to the next milestones in the process, including designation of emissions reduction targets and development of a Climate Action Plan, the City should identify and quantify the emissions reduction benefits of projects that have already been implemented since 2005, as well as the emissions reduction benefits of existing General Plan policies. The benefits of both existing strategies can be tallied against the baseline established in this report to determine the appropriate set of strategies that will deliver the City to its chosen emissions reduction goal. City of Arroyo Grande age Agenda Item II.b. Page 60 APPENDIX A: CACP DETAILED REPORT FOR COMMUNITY- WIDE EMISSIONS,, 2005 Agenda Item II.b. Page 62 10/8/2009 Communit Greenhouse Gas Emissions in 2005 Detailed Report Pa 1 CO N 2 0 CH 4 E CO Ener (tonnes (k (k (tonnes) (%) (MMBtu) Residential San Luis Obsipo APCD, CA I SoCal Gas Compan - Residential Natural Gas 14,815 279 1,647 14,936 15.5 279,214 Subtotal I SoCal Gas Compar 14,815 279 1,647 14,936 15.5 279,214 Source: 1. Southern California Gas Co. data provided b Colb Morrow, Air Qualit Mana Customer Pro Environmental Affairs; office: 559.324.0109 or email CLMorrow@semprautilities.com. Notes: 1. Conversion of 1 MCF= 10 therms was used. 2. Default Fuel CO2 Set. 3. CEC Emission Factor for Natural Gas - RCI Avera Set 2 PG&E Residential Electricit Electricit 8,769 197 520 8,841 9.2 134,931 Subtotal 2 PG&E Residential E 8,769 197 520 8,841 9.2 134,931 Source: 1. All PG&E data was provided b John Bohman, Pacific Gas and Electric Compan Green Communities and Innovator Pilots; 415-973-0040 or jzbx@PGE.com. Notes: 1. The "PG&E California" electricit coefficient set is based on the 2005 PG&E eCO2 emission factor of 0.489 lbs/kWh of delivered electricit This emissions factor is certified b the California Climate Action Re Criteria air pollutant emission factors for electricit are derived from the NERC Re 13-Western S Coordinatin Council/CNV Avera Grid. Subtotal Residential 23,584 476 2,167 23,777 24.6 414,144 Commercial San Luis Obsipo APCD, CA I SoCal Gas Compan - Commercial Natural Gas 3,754 71 417 3,785 3.9 70,748 Subtotal I SoCal Gas Compar 3,754 71 417 3,785 3.9 70,748 Source: 1. Southern California Gas Co. data provided b Colb Morrow, Air Qualit Mana Customer Pro Environmental Affairs; office: 559.324.0109 or email CLMorrow@semprautilities.com. Notes: 1. Conversion of 1 MCF= 10 therms was used. 2. Default Fuel CO2 Set. 3. CEC Emission Factor for Natural Gas - RCI Avera Set This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item I I.b. Pa 63 10/8/2009 Communit Greenhouse Gas Emissions in 2005 Detailed Report Pa 2 CO N 2 0 CH 4 E CO Ener (tonnes (k (k (tonnes) (%) (MMBtu) 2 PG&E Commercial + Industrial Electricit Electricit 8,039 181 477 8,105 8.4 123,693 Subtotal 2 PG&E Commercial 8,039 181 477 8,105 8.4 123,693 Source: 1. All PG&E data was provided b John Bohman, Pacific Gas and Electric Compan Green Communities and Innovator Pilots; 415-973-0040 or jzbx@PGE.com. Notes: 1. The "PG&E California" electricit coefficient set is based on the 2005 PG&E eCO2 emission factor of 0.489 lbs/kWh of delivered electricit This emissions factor is certified b the California Climate Action Re Criteria air pollutant emission factors for electricit are derived from the NERC Re 13-Western S Coordinatin Council/CNV Avera Grid. 2. Commercial and Industrial electricit are combined due to the 15/15 Rule, which was adopted b the CPUC in the Direct Access Proceedin (CPUC Decision 97-10-031) to protect customer confidentialit The 15/15 rule re that an a information provided b the Utilities must be made up of at least 15 customers and a sin customer' Subtotal Commercial 111793 252 894 11,889 12.3 194,441 Industrial San Luis Obsipo APCD, CA I SoCal Gas Compan - Industrial Natural Gas 9 0 1 9 0.0 177 Subtotal I SoCal Gas Compar 9 0 1 9 0.0 177 Source: 1. Southern California Gas Co. data provided b Colb Morrow, Air Qualit Mana Customer Pro Environmental Affairs; office: 559.324.0109 or email CLMorrow@semprautilities.com. Notes: 1. Conversion of 1 MCF= 10 therms was used. 2. Default Fuel CO2 Set. 3. CEC Emission Factor for Natural Gas - RCI Avera Set Subtotal Industrial 9 0 1 9 0.0 177 Transportation San Luis Obsipo APCD, CA I Communit On-Road VMT Diesel 6,483 19 922 6,508 6.7 88,919 Gasoline 34,125 2,577 10,353 35,141 36.4 502,283 Subtotal I Communit On-Roa 40,607 2,596 11,275 41,649 43.1 591,202 Source: 1. Emissions factors for g as and diesel per vehicle class provided b EMFAC 2007 v2.3 run b Tom Scheffelin, California Air This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item I I.b. Pa 64 10/8/2009 Communit Greenhouse Gas Emissions in 2005 Detailed Report Pa 3 CO N 2 0 CH 4 E CO Ener (tonnes (k (k (tonnes) (%) (MMBtu) Resources Board Plannin and Technical Support Division, T scheffe garb. ca. g ov. Manipulated b Jaime Hill, PMC, jhillgPMCworld.com to convert EMFAC vehicle classes to those used in CACP. Notes: 1. Diesel Heav Dut Vehicles includes Transit Buses, based on a wei avera of Trucks representin 98.7% of the cate and Transit Buses representin 3.3%. 2. Gasoline Passen Vehicles includes Motorc based on a wei avera of Passen Vehicles representin 98.7% of the cate and Motorc representin 1.3%. I Communit State Hi VMT Diesel 2,083 6 296 2,091 2.2 28,569 Gasoline 10,964 828 3,326 11,290 11.7 161,380 Subtotal I Communit State H 13,047 834 3,623 13,381 13.9 189,949 Source: 1. Emissions factors for g as and diesel per vehicle class provided b EMFAC 2007 v2.3 run b Tom Scheffelin, California Air Resources Board Plannin and Technical Support Division, T scheffe garb. ca. g ov. Manipulated b Jaime Hill, PMC, jhillgPMCworld.com to convert EMFAC vehicle classes to those used in CACP. 2. Hi road se derived from San Luis Obispo Count GIS shapefiles for roads and political boundaries, provided b Bobb Jo Close, Mappin S Specialist at the Count of San Luis Obispo. Manipulated b John DeMartino, PMC, jdemartinogPMCworld.com. Notes: 1. Diesel Heav Dut Vehicles includes Transit Buses, based on a wei avera of Trucks representin 98.7% of the cate and Transit Buses representin 3.3%. 2. Gasoline Passen Vehicles includes Motorc based on a wei avera of Passen Vehicles representin 98.7% of the cate and Motorc representin 1.3%. 3. Hi maintained miles differ sli from HPMS data. It is likel that the Count GIS 123shapefile is more detailed than Caltrans fi 2. The Cit hi VMT was calculated b usin GIS to find the portion of hi road se in unincorporated Count land and multipl it b total Count hi VMT. Subtotal Transportation 53,654 3,430 14,898 55,030 57.0 781,151 Waste San Luis Obsipo APCD, CA 3 Communit Solid Waste - Cold Can Disposal Method - Mana Landfill Paper Products 0 0 153,378 3,221 3.3 Food Waste 0 0 60,152 1,263 1.3 Plant Debris 0 0 16,141 339 0.4 Wood or Textiles 0 0 45,042 946 1.0 Subtotal 3 Communit Solid W 0 0 2741713 5,769 6.0 Source: This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item I I.b. Pa 65 10/8/2009 Communit Greenhouse Gas Emissions in 2005 Detailed Report Pa 4 CO N 2 0 CH 4 E CO Ener (tonnes (k (k (tonnes) (%) (MMBtu) 1. Total waste tonna for the Cit in 2005 provided b the 2005 Disposal Q uarterl y Reports prepared b San Luis Obispo Count Inte Waste Mana Authorit on 6/17/05, 9/27/05, 12/27/05 and 3/6/06, provided b Peter Cron, perongiwma.com. 2. Percenta of waste share b t for landfill tonna provided b CIWMB 2004 Statewide Waste Characterization Stud http://www.ciwmb.ca. Notes: 1. Waste T data not collected b landfill. State avera waste characterization data is used for residential, commercial and self haul waste. 2. Chica Grade landfill reports a methane recover factor of 60%. Chica Grade total g as g enerated = 157.47 mmcf/ Total g as transferred = 94.48 mmcf/ 3. Cold Can landfill reports a methane recover factor of 60%. Cold Can total g as g enerated = 700 mmcf/ Total g as transferred = 400 mmcf/ Subtotal Waste 0 0 2741713 5,769 6.0 Other San Luis Obsipo APCD, CA 3 A Emissions Carbon Dioxide 73 0 0 73 0.1 Methane 0 0 15 0 0.0 Nitrous Oxide 0 1 0 0 0.0 Subtotal 3 A Emissic 73 1 15 73 0.1 Source: 1. CO2 CH4 and N20 emissions calculated usin the California Air Resources Board OFFROAD2007 modelin tool. 2. The portion of a land per jurisdiction in SLO Count calculated b John DeMartino, PMC, j demartmo ( & I .PMCworld.com <ma* Ito: J demartmo(a PMCworldxom> usin Count GIS shape files. Notes: 1. OFFROAD a off-road a e emissions for the entire count Emissions were separated b jurisdiction based on the proportion of a land per jurisdiction. This anal was completed sin GIS shapefiles of land use patterns in the count 2. OFFROAD includes the followin a e 2-wheel tractors, a mowers, a tractors, balers, combines, h power units, other a e spra swathers and tillers. Subtotal Other 73 1 15 73 0.1 Total 89,113 4,159 292,688 96,549 100.0 1,389,914 This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item I I.b. Pa 66 APPENDIX B: CACP DETAILED REPORT FOR CITY GOVERNMENT OPERATIONS EMISSIONS, 2005 Agenda Item II.b. Page 68 12/7/2009 Government Greenhouse Gas Emissions in 2005 Detailed Report Pa 1 CO N 2 0 CH 4 E CO Ener Cost (tonnes (k (k (tonnes) (%) (MMBtu) ($) Buildin and Facilities San Luis Obsipo APCD, CA I & 2 Police Station Electricit 0 0 0 0 0.0 3 2,233 Natural Gas 9 0 1 9 0.9 171 2,088 Subtotal 1& 2 Police Station 9 0 1 9 0.9 175 4,321 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Police Station SoCal Gas Account Number:093-015-0800-9, PG&E Account Number: 8532998230. I & 2 1375 Cit Yard Electricit 0 0 0 0 0.0 0 88 Natural Gas 9 0 1 9 1.0 178 2,233 Subtotal I & 2 1375 Cit Yard 9 0 1 10 1.0 178 2,320 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Cit Yard SoCal Gas Account Number: 120-416-0700-8, PG&E Account Number: 8532998130 10-4321-251. I & 2 Buildin Department Electricit 2 0 0 2 0.2 27 1,356 Natural Gas 2 0 0 2 0.2 35 527 Subtotal 1& 2 Buildin Depart, 4 0 0 4 0.4 62 1,882 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Buildin Department SoCal Gas Account Number: 178-814-9100-9, PG&E Account Number: 8532998285 10-4311-251. I & 2 Communit Center Electricit 3 0 0 3 0.3 52 2,352 Natural Gas 5 0 1 5 0.5 100 1,457 Subtotal 1& 2 Communit Cer 9 0 1 9 0.9 152 3,810 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item I I.b. Pa 69 12/7/2009 Government Greenhouse Gas Emissions in 2005 Detailed Report Pa 2 CO N 2 0 CH 4 E CO Ener Cost (tonnes (k (k (tonnes) (%) (MMBtu) ($) 1. Communit Center SoCal Gas Account Number: 145-014-3900-5, PG&E Account Number: 8532998250 10-4311-251. I & 2 Communit Development Electricit 8 0 0 8 0.8 122 5,181 Natural Gas 2 0 0 2 0.2 45 640 Subtotal I & 2 Communit DeL 10 0 1 10 1.0 167 5,822 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa ( tme y ers @ arro y o g rande.or g) ( 805-473-5420 ext. 5436 Notes: 1. Communit Development SoCal Gas Account Number: 191-414-9100-1, PG&E Account Number: 8532998270. I & 2 Council Chambers Electricit 0 0 0 0 0.0 0 88 Natural Gas 0 0 0 0 0.0 3 130 Subtotal 1& 2 Council Chambi 0 0 0 0 0.0 3 218 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa ( tme y ers @ arro y o g rande.or g) ( 805-473-5420 ext. 5436 Notes: 1. Council Chambers SoCal Gas Account Number: 193-514-9100-6, PG&E Account Number: 8532998265. I & 2 Fire Department Electricit 18 0 1 19 1.9 284 12,429 Natural Gas 23 0 3 23 2.3 426 5,840 Subtotal I & 2 Fire Departmen 41 1 4 41 4.2 710 18,269 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa ( tme y ers @ arro y o g rande.or g) ( 805-473-5420 ext. 5436 Notes: 1. Fire Department SoCal Gas Account Number: 037-914-3800-9 PG&E Account Number: 8532998029. I & 2 Police Substation Electricit 34 1 2 34 3.4 517 19,728 Natural Gas 1 0 0 1 0.1 18 350 Subtotal I & 2 Police Substati( 35 1 2 35 3.5 535 20,078 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa ( tme y ers @ arro y o g rande.or g) ( 805-473-5420 ext. 5436 Notes: This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item I I.b. Pa 70 12/7/2009 Government Greenhouse Gas Emissions in 2005 Detailed Report Pa 3 CO N 2 0 CH 4 E CO Ener Cost (tonnes (k (k (tonnes) (MMBtu) 1. Police SubStation SoCal Gas Account Number: 107-647-4842-11 PG&E Account Number: 8532998160. I & 2 Public Works Electricit 3 0 0 3 0.3 40 1,836 Natural Gas 1 0 0 1 0.1 18 333 Subtotal 1& 2 Public Works 4 0 0 4 0.4 58 2,168 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Public Works Department SoCal Gas Account Number: 187-214-9100-1, PG&E Account Number: 8532998280. 1350 S ELM ST PARK Natural Gas 10 0 1 10 1.0 182 2,657 Subtotal 1350 S ELM ST PAF 10 0 1 10 1.0 182 2,657 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Elm St. Park SoCal Gas Account Number:01 1-216-0600-6. I The Quarterdeck Restaurant Natural Gas 0 0 0 0 0.0 0 133 Subtotal I The Quarterdeck R( 0 0 0 0 0.0 0 133 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Quarterdeck Restaurant SoCal Gas Account Number:076-115-2400-5. 2 1501 Huckleberr Ave. Electricit 0 0 0 0 0.0 2 183 Subtotal 2 1501 Huckleberr A 0 0 0 0 0.0 2 183 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item 11.b. Pa 71 12/7/2009 Pa 4 Government Greenhouse Gas Emissions in 2005 Detailed Report CO N 2 0 CH 4 E CO Ener Cost (tonnes (k (k (tonnes) (MMBtu) 1. PG&E Account Number: 7812966675. 2 Loomis Tank Centers Electricit 5 0 0 5 0.5 80 3,648 Subtotal 2 Loomis Tank Cente 5 0 0 5 0.5 80 3,648 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Loomis PG&E Account Number: 8532998260 10-4311-251-215. 2 Parks Department Festivals Electricit 1 0 0 1 0.1 9 509 Subtotal 2 Parks Department f 1 0 0 1 0.1 9 509 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Parks Department Festivals PG&E Account Number: 8532998310. 2 Public Works Yard Electricit 9 0 1 9 0.9 138 6,138 Subtotal 2 Public Works Yard 9 0 1 9 0.9 138 6,138 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Public Works Yard PG&E Account Number: 8532998120. 2 Radio Repeater Electricit 0 0 0 0 0.0 7 414 Subtotal 2 Radio Repeater 0 0 0 0 0.0 7 414 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Radio Repeater PG&E Account Number: 8532998020 10-4200-251. 2 Recreation Center Electricit 7 0 0 7 0.7 113 5,159 Subtotal 2 Recreation Center 7 0 0 7 0.7 113 5,159 This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item I I.b. Pa 72 12/7/2009 Pa 5 Government Greenhouse Gas Emissions in 2005 Detailed Report CO N 2 0 CH 4 E CO Ener Cost (tonnes (k (k (tonnes) (MMBtu) Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Recreation Center PG&E Account Number: 8532998105. 2 Restroorns Electricit 0 0 0 0 0.0 5 297 Subtotal 2 Restroorns 0 0 0 0 0.0 5 297 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Restrooms PG&E Account Number: 8532998360 10-4320-251. 2 Soto Sports 2 Electricit 0 0 0 0 0.0 1 123 Subtotal 2 Soto Sports 2 0 0 0 0 0.0 1 123 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Soto Sports 2 PG&E Account Number: 8532998140 10-4321-251 2 Soto Sports 3 Electricit 33 1 2 33 3.4 509 16,969 Subtotal 2 Soto Sports 3 33 1 2 33 3.4 509 16,969 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Soto Sports 3 PG&E Account Number: 8532998145 10-4321-251 2 Soto Sports 4 Electricit 0 0 0 0 0.0 0 88 Subtotal 2 Soto Sports 4 0 0 0 0 0.0 0 88 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Soto Sports 4 PG&E Account Number: 8532998130 10-4321-251. This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item I I.b. Pa 73 12/7/2009 Government Greenhouse Gas Emissions in 2005 Detailed Report Pa 6 CO N 2 0 CH 4 E CO Ener Cost (tonnes (k (k (tonnes) (%) (MMBtu) ($) 2 Soto Sports Complex I Electricit 0 0 0 0 0.0 3 5,912 Subtotal 2 Soto Sports COM 0 0 0 0 0.0 3 5,912 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Soto Sports Complex 1 PG&E Account Number: 8532998100 10-4321-251. 2 Soto Sports Restrooms Electricit 0 0 0 0 0.0 0 75 Subtotal 2 Soto Sports Restro( 0 0 0 0 0.0 0 75 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Soto Sports Restroom PG&E Account Number: 8532998150 10-4320-251 2 Soto Sports Timer Electricit 0 0 0 0 0.0 0 10 Subtotal 2 Soto Sports Timer 0 0 0 0 0.0 0 10 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Soto Sports Timer PG&E Account Number: 8532998220 10-4320-251 Subtotal Buildin and Facilities 187 4 14 188 18.9 3,087 101,203 Streetli & Traffic Si San Luis Obsipo APCD, CA 2 Street Li Electricit 128 3 8 129 13.0 1,966 209,529 Subtotal 2 Street Li 128 3 8 129 13.0 1,966 209,529 Source: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Street Li PG&E ID #s: 8892110005 10-4312-2521 1940974026, 1940974028, 6208387003, 2350444653, 1903183645, 1940974002, 194097400411940974008,1940974014,1940974016,1940974022,190979002.190979004. This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item I I.b. Pa 74 12/7/2009 Pa 7 Government Greenhouse Gas Emissions in 2005 Detailed Report CO N 2 0 CH 4 E CO Ener Cost (tonnes (k (k (tonnes) (MMBtu) 2 Traffic Controls Electricit 27 1 2 27 2.7 416 18,287 Subtotal 2 Traffic Controls 27 1 2 27 2.7 416 18,287 Source: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Traffic Si PG&E ID #s: 6547744005, 7812966675, 2350444005, 8532998015 10-4312-252, 8532998135 W/SPRC ST 10-4321-251, 8532998025 10-4320-25, 8532998045 10-4312-252, 8532998050, 8532998055, 8532998075, 8532998165, 8532998170, 8532998195 10-4312-252, 8532998215 10-4312-252, 8532998235 10-4312-252, 8532998245, 8532998315, 8532998335 010-4304-5402, 8532998200 10-4312-2521 8532998035 10-4312-252. Subtotal Streetli & Traffic Si 155 3 9 156 15.7 2,382 227,816 Water Deliver Facilities San Luis Obsipo APCD, CA 2 Irri Electricit 0 0 0 0 0.0 4 3,065 Subtotal 2 Irri 0 0 0 0 0.0 4 3,065 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Irri PG&E Account Numbers: 8532998330 10-4320-251, 8532998265, 8532998070, 8532998370 10-4320-251, 8532998300 10-4320-251, 8532998295 10-4320-251, 8532998210 10-4320-251, 8532998155, 8532998068 10-4320-251, 8532998030 10-4320-251. 2. Irri totals include all irri includin sprinklers and irri controls. 2 Res #3 Electricit 0 0 0 0 0.0 0 273 Subtotal 2 Res #3 0 0 0 0 0.0 0 273 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Res #3 PG&E Account Number: 8532998375 300'S/0 PLMA 40-4412-252. 2 Water Pumps Electricit 21 0 1 22 2.2 331 506,096 Subtotal 2 Water Pumps 21 0 1 22 2.2 331 506,096 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item I I.b. Pa 75 12/7/2009 Pa 8 Government Greenhouse Gas Emissions in 2005 Detailed Report CO N 2 0 CH 4 E CO Ener Cost (tonnes (k (k (tonnes) (%) (MMBtu) ($) 1. Water Pump PG&E Account Numbers: 8532998340 WTR DEP 40-4412-252, 8532998325, 8532998175, 8532998115 40-4411-252, 8532998110 10-4321-251, 8532998095 REC DEPT 10-4320-251, 8532998090 40-4411-252, 8532998060 40-4411-252. 2 Well Station #3 Electricit 2 0 0 2 0.2 34 56,160 Subtotal 2 Well Station #3 2 0 0 2 0.2 34 56,160 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Well Station #3 PG&E Account Number: 8532998085 40-4411-252. 2 Well Station #5 Electricit 4 0 0 4 0.4 65 111,920 Subtotal 2 Well Station #5 4 0 0 4 0.4 65 111,920 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Well Station #5 PG&E Account Number: 8532998125 40-4411-252. 2 Well Station #9 Electricit 1 0 0 1 0.1 13 30,222 Subtotal 2 Well Station #9 1 0 0 1 0.1 13 30,222 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Well Station #5 PG&E Account Number: 8532998040 40-4411-252. Subtotal Water Deliver Facilities 29 1 2 29 2.9 448 707,736 Wastewater Facilities San Luis Obsipo APCD, CA 2 Lift Stations Electricit 2 0 0 2 0.2 29 67,345 Subtotal 2 Lift Stations 2 0 0 2 0.2 29 67,345 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item I I.b. Pa 76 12/7/2009 Government Greenhouse Gas Emissions in 2005 Detailed Report Pa 9 CO N 2 0 CH 4 E CO Ener Cost (tonnes (k (k (tonnes) (%) (MMBtu) ($) 1. Lift Station PG&E Account Numbers: 85329980320 12-4400-252 LIFT ST#4, 2998345 12-4400-252-LFT.STA.#3, 8532998135 W/SPRC ST 10- 4321-251 OF-LT-PRT. 2 Sewer Lift Stations Electricit 2 0 0 2 0.2 36 94,641 Subtotal 2 Sewer Lift Stations 2 0 0 2 0.2 36 94,641 Sources: 1. All records were provided b Finance Department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) Notes: 1. Sewer Lift Station PG&E Account Numbers: 8532998190 10-4400-252-SWR.STA.#1, 8532998250 12-4400-252 SWR LFT #5, 8532998080 FIN DEP 12-4400-252-SWR.LFT.#6. Subtotal Wastewater Facilities 4 0 0 4 0.4 65 161,986 Solid Waste Facilities San Luis Obsipo APCD, CA 3 Cit Operations Generated Waste Carbon Dioxide 8 0 0 8 0.8 0 4,768 Subtotal 3 Cit Operations Gel 8 0 0 8 0.8 0 4,768 Sources: 1. All records were provided b finance department. 2. Tricia Me Accounts Pa (tme (805-473-5420 ext. 5436) 3. Referrin to Cold Can and South Count Sanitar landfills with a recover factor of 609/0. Notes: 1. Waste t data not collected b Cold Can and South Count Sanitar landfills. State avera waste characterization data was used for residential, commercial and self haul waste. 2. Weeekl cubic y ard collection data was converted to tonna at the rate of 325 lbs per cubic y ard. Subtotal Solid Waste Facilities 8 0 0 8 0.8 0 4,768 Vehicle Fleet San Luis Obsipo APCD, CA I Buildin Department Gasoline 5 0 0 5 0.5 70 447 Subtotal I Buildin Departmen 5 0 0 5 0.5 70 447 Sources: 1. All records were provided b the Cit Clerk and the Cit Yard. 2. Kell Wetmore, Cit Clerk (kwetmore@arro (805-473-5420 ext. 5414/5416). Glenda Boner, Cit Yard Office Assistant ( (805-473-5460 ext. 5460) Notes: 1. Buildin Department fleet. All of the fleet are li trucks. 2. Due to the ver limited amount of fleet data for the Cit in 2005, 2007 is used as the prox y ear. There were no si chan in this time This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item I I.b. Pa 77 12/7/2009 Government Greenhouse Gas Emissions in 2005 Detailed Report Pa 10 CO N 2 0 CH 4 E CO Ener Cost (tonnes (k (k (tonnes) (%) (MMBtu) M 0 =20 ON I Fire Department Diesel 28 0 0 28 2.8 384 8,284 Gasoline 13 1 1 13 1.4 194 4,637 Subtotal I Fire Department 41 1 1 41 4.2 579 12,921 Sources: 1. All records were provided b the Cit Clerk and the Cit Yard. 2. Kell Wetmore, Cit Clerk (kwetmore@arro (805-473-5420 ext. 5414/5416). Glenda Boner, Cit Yard Office Assistant ( (805-473-5460 ext. 5460) Notes: 1. Fire Department fleet. Most all of the fleet vehicles are diesel heav dut trucks and fire en except for one diesel li truck. 2. Due to the ver limited amount of fleet data for the Cit in 2005, 2007 is used as the prox y ear. Therefore all vehicles (one heav dut truck) that were made in 2005 to 2007 are placed in the 2005 cate There were no si chan in this time period. I Parks Department Diesel 15 0 0 15 1.5 209 2,590 Gasoline 32 2 1 32 3.2 464 19,425 Subtotal I Parks Department 47 2 1 47 4.8 673 22,015 Sources: 1. All records were provided b the Cit Clerk and the Cit Yard. 2. Kell Wetmore, Cit Clerk ( kwetmore @ arro y o g rande.or g) ( 805-473-5420 ext. 5414/5416 Glenda Boner, Cit Yard Office Assistant (g boner @ arro y o g rande.or g) ( 805-473-5460 ext. 5460 Notes: 1. Parks department fleet. Almost all vehicles run on unleaded g asoline except one diesel li truck. 2. Due to the ver limited amount of fleet data for the Cit in 2005, 2007 is used as the prox y ear. Therefore all vehicles ( one heav dut truck and one li truck that were made in 2005 to 2007 are placed in the 2005 cate There were no si chan in this time period. 3. Parks Department off-hi e use. There are three documented off-hi e uses that use diesel: P -11, P-4 and P-405. I Police Department Diesel 4 0 0 4 0.4 49 30 Gasoline 136 3 4 138 13.8 2,007 49,924 Subtotal I Police Department 140 3 4 141 14.2 2,057 49,954 Sources: 1. All records were provided b the Cit Clerk and the Cit Yard. 2. Kell Wetmore, Cit Clerk ( kwetmore @ arro y o g rande.or g) ( 805-473-5420 ext. 5414/5416 Glenda Boner, Cit Yard Office Assistant (g boner @ arro y o g rande.or g) ( 805-473-5460 ext. 5460 Notes: 1. Police Department fleet. All vehicles run on unleaded g asoline. This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item I I.b. Pa 78 12/7/2009 Pa 11 Government Greenhouse Gas Emissions in 2005 Detailed Report CO N 2 0 CH 4 E CO Ener Cost (tonnes (k (k (tonnes) (%) (MMBtu) M 2. Due to the ver limited amount of fleet data for the Cit in 2005, 2007 is used as the prox y ear. Therefore all vehicles that were made in 2005 to 2007 are placed in the 2005 cate There were no si chan in this time period. I Public Works Fleet Diesel 31 0 0 31 3.1 423 11,433 Gasoline 77 4 3 78 7.9 1,132 30,168 Subtotal I Public Works Fleet 108 4 3 109 11.0 1,555 41,601 Sources: 1. All records were provided b the Cit Clerk and the Cit Yard. 2. Kell Wetmore, Cit Clerk (kwetmore@arro (805-473-5420 ext. 5414/5416). Glenda Boner, Cit Yard Office Assistant ( (805-473-5460 ext. 5460) Notes: 1. Public Works fleet. Since CACP software inventor y ears for vehicle fleet start at 1985, all vehicles (one li truck and one heav dut truck), that were made before 1985 are lo in as 1985. 2. Due to the ver limited amount of fleet data for the Cit in 2005, 2007 is used as the prox y ear. Therefore all vehicles (li trucks and heav dut trucks) that were made in 2005 to 2007 are placed in the 2005 cate There were no si chan in this time period. 3. Public Works off-hi e use. There are ten documented off-hi e uses that use diesel: PW-1, PW-9, PW-12, PW-38, PW-55, PW-1 11, PW-243, PW-249, PW-282, and PW-398. Subtotal Vehicle Fleet 340 10 10 344 34.5 4,933 126,937 Emplo Commute San Luis Obsipo APCD, CA 3 Emplo Commute Diesel 2 0 0 2 0.2 29 0 Gasoline 242 18 144 251 25.2 3,567 0 Subtotal 3 Emplo Commut( 244 18 144 253 25.4 3,596 0 Sources: 1. Emplo commute surve conducted in September 2009 and adjusted for 2005 emplo fi Surve data manipulated b Jaime Hill, jhill@pmcworld.com. 2. 2005 and 2009 Cit emplo fi obtained from Kell Heffernon, Associate Planner, kheffernon@arro 3. H fuel econom of a 2005 To Prius, www.fueleconom Notes: 1. 55 Cit emplo successfull responded to the online surve or on paper, meanin that all essential entries were g iven. 2. Surve responses were adjusted for the 2005 emplo population, assumin constant distribution of g asoline/diesel consumption b vehicle t The population of h cars was decreased b 2/3, based on California sales records found at www.h 3. For more detailed information on the methodolo used in this sector, please see the appendices. Subtotal Emplo Commute 244 18 144 253 25.4 3,596 0 This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. A Item I I.b. Pa 79 12/7/2009 Government Greenhouse Gas Emissions in 2005 Detailed Report Pa 12 CO N 2 0 CH E CO Ener Cost (tonnes (k (k (tonnes) (%) (MMBtu) ($) Other Process Fu San Luis Obsipo APCD, CA I Off Road E Carbon Dioxide 12 0 0 12 1.2 Methane 0 0 1 0 0.0 Nitrous Oxide 0 0 0 0 0.0 Subtotal I Off Road E 12 0 1 12 1.2 Sources: 1. 2007 Vehicle Fleet/E data in the form of monthl fuel purchase receipts and vehicle/e make, model, and y ear received from the Cit Clerk and the Cit Yard. 2. Kell Wetmore, Cit Clerk (kwetmore@arro (805-473-5420 ext. 5414/5416). Glenda Boner, Cit Yard Office Assistant ( (805-473-5460 ext. 5460) 3. Raw data in g allons of fuel used, and converted to CO2e based on the followin Emissions factors (from Table G.9 and G.12 of CARB Local Government Operations Protocol, September 2008). 4. Diesel = 10.15 k CO2, 0.26 g rams N20 and 0.58 g rams CH4 per g allon 5. Vehicle fleet/e data manipulated b Jaime Hill (805-250-7973, jhill@PMCWorld.com). Notes: 1. All off road e used b the Public Works, Parks, and Fire Departments. 2. Due to lack of complete 2005 data, the first full calendar y ear for which data was available was 2007. 3. Total of 1,175.30 g allons diesel = 11,929.3 k CO2, 305.58 g rams N20 and 681.67 g rams CH4. Subtotal Other Process Fu 12 0 1 12 1.2 Total 980 36 181 995 100.0 This report has been g enerated for San Luis Obsipo APCD, CA usin ICLEI's Clean Air and Climate Protection 2009 Software. 14,511 1,330,445 A Item I I.b. Pa 80 APPENDIX C: DETAILED METHODOLOGY FOR COMMUNITY -WIDE INVENTORY Agenda Item II.b. Page 82 Detailed Methodology for Community -Wide Inventory The following is a detailed explanation of data sources and methodology for calculating greenhouse gas (GHG) emissions in each sector of the community -wide analysis. The purpose of this appendix is to provide transparency to this Inventory, outline data limitations, and give guidance for future City inventories to maintain methodological consistency. ELECTRICITY AND NATURAL GAS Note: We attempted to collect energy production /consumption data besides that from natural gas and electricity such as propane, solar, and wind; however the data was not available at the level of detail necessary to meet the protocol for this inventory. Residential Pacific Gas and Electric Company (PG &E) and Southern California Gas Company (SoCal Gas Co.) provided residential electricity and natural gas consumption data. Specifically, data was provided by: • John Bohman, Analyst with PG &E Green Communities and Innovator Pilots Ozbx@pge.com) • Colby Morrow, Southern California Gas Company &San Diego Gas and Electric Company Air Quality Manager, Customer Programs Environmental Affairs (clmorrow @semprautilities.com) The raw data received from PG &E and SoCal Gas Co. is summarized in the table below. This raw data was input into the CACP2009 software in kWh and therms. CACP2009 Average Grid Electricity, RCI Average, and Fuel CO coefficient sets were amended per PG &E and state guidance (see "electricity and natural gas coefficients" section). City of Arroyo Grande a"#- Agenda Item II.b. Page 83 Commercial / Industrial Commercial and industrial electricity were combined into one section by PG &E due to the California 15/15 Rule. The 15/15 Rule was adopted by the California Public Utilities Commission (CPUC) in the Direct Access Proceeding (CPUC Decision 97 -10 -031) to protect customer confidentiality. The 15/15 Rule requires that any aggregated information provided by the utilities must be made up of at least 15 customers. A single customer's load must be less than 15% of an assigned category. If the number of customers in the complied data is below 15, or if a single customer's load is more than 15% of the total data, categories must be combined before the information is released. The rule further requires that if the 15/15 Rule is triggered for a second time after the data has been screened already using the 15/15 Rule, the customer must be dropped from the information provided. As a result, PG &E aggregated commercial and industrial energy consumption in Arroyo Grande into one report, whereas SoCal Gas Co. separated commercial and industrial gas usage (shown in the chart below) into two reports. It would have been misleading to present an "Industrial" category for only natural gas emissions; therefore, the SoCal Gas Co. emissions were aggregated with commercial as well. Data for this sector was provided by: 1. John Bohman, Analyst with PG &E Green Communities and Innovator Pilots Ozbx@pge.com) 2. Colby Morrow, Southern California Gas Company &San Diego Gas and Electric Company Air Quality Manager, Customer Programs Environmental Affairs (clmorrow @semprautilities.com) Raw data received from these sources is reflected in the table below. CACP2009 Average Grid Electricity, RCI Average, and Fuel CO Coefficient Sets were amended to reflect California standards (see "electricity and natural gas coefficients" section). • - City of Arroyo Grande Agenda Item II.b. Page 84 Electricity and Natural Gas Coefficients Electricity and natural gas coefficients are defaulted to national averages in the CACP2009 software. To make the Inventory more accurate and representative of the city's real impact on climate change, tailored coefficient sets for California were obtained. Sources and coefficient values are summarized in the table below. City of Arroyo Grande ' . • - Agenda Item II.b. Page 85 Community On -Road VMT Community on -road vehicle miles traveled (VMT) are miles traveled on locally maintained roads within the City of Arroyo Grande. State roads, highways, and interstate routes are not included in this calculation. Local VMT data was obtained from the Caltrans Highway Performance Maintenance System (HPMS) 2005 Report. The raw data obtained from this report is reflected in the table below. • - - City of Arroyo Grande Agenda Item II.b. Page 86 The rural and urban daily vehicle miles of travel (DVMT) were then converted to annual VMT by multiplying by 365 days /year. The HPMS DVMT average includes decreased travel on weekends, which means this methodology is appropriate. - 1 - I City of Arroyo Grande a" • - Agenda Item II.b. Page 87 Highway VMT Highway vehicle miles traveled (VMT) are miles traveled on state highways within the City of Arroyo Grande. This includes both trips originating and ending in Arroyo Grande, as well as thru traffic. Highway VMT is also provided in the Caltrans HPMS report; however, it is aggregated by county rather than by city. As such, we calculated the city's VMT by determining the portion of total highway road segments within the incorporated area. This calculation was done using Geographic Information Systems (GIS) to `clip' a map of highway roads in San Luis Obispo County by jurisdictional boundary. The analysis concluded that 1.21% of total state and federal highways and roads are included in the city. Using this as an indicator of VMT, we concluded that approximately 23.75 million VMT occurred in the city in 2005. This methodology of distributing VMT by road segment length is supported by ICLEI; however, it does assume constant levels of traffic along all roads within the county. The levels of traffic along each road segment in each jurisdiction are unavailable, therefore this methodology is the best available at this time. This analysis includes the following highways (SR =state route): • US 101 • SR 41 • SR 166 • SR 1 • SR 46 • SR 227 • SIR 33 • SIR 58 • - City of Arroyo Grande Agenda Item II.b. Page 88 Transportation Coefficients By default, the CACP2009 software uses a national average distribution of vehicles by type (passenger vehicle, light truck, heavy truck, etc), national average fuel economies per vehicle type (miles per gallon), and national average emissions coefficients. In order to provide an accurate assessment of the emissions within the city, we obtained county- specific emissions data from the California Air Resources Board EMissions FACtors (EMFAC) software. The EMFAC2007 model calculates emission rates from all motor vehicles, such as passenger cars and heavy -duty trucks, operating on highways, freeways and local roads in California. In the EMFAC model, the emission rates are multiplied with vehicle activity data provided by the regional transportation agencies to calculate the statewide or regional emission inventories. The EMFAC analysis was performed by the California Air Resources Board for San Luis Obispo County. Specifically, the data was provided by: • Tom Scheffelin, California Air Resources Board Planning and Technical Support Division (Tscheffe@arb.ca.gov) This data was then manipulated to fit the format of CACP2009, which uses different vehicle classification categories than EMFAC. For instance, CACP2009 defines "heavy duty trucks" as trucks with a gross vehicle weight of over 8,000 pounds, which includes EMFAC classifications for Light Heavy -Duty Trucks (LHDT) 1, LDHT 2, Medium Heavy -Duty Trucks (MHDT), and Heavy Heavy -Duty Trucks (HHDT). Additionally, CACP2009 does not include categories for transit buses or motorcycles. To account for these vehicle types the fuel efficiency for the Diesel Heavy Duty Vehicles was manipulated to include Transit Buses, based on a weighted average of Trucks representing 98.7% of the category and Transit Buses representing 3.3 %. Similarly, the emission factors for Gasoline Passenger Cars was manipulated to include Motorcycles, based on a weighted average of Passenger Vehicles representing 98.7% of the category and Motorcycles representing 1.3 %. For simplicity in re- running this analysis for future Inventories, City of Arroyo Grande ' . • - Agenda Item II.b. Page 89 tailored coefficients and VMT distributions were only applied to five vehicle types, which included the following EMFAC vehicle classifications: 1) Heavy Truck: LHDT1, LHDT2, HHDT, OB, MHDT 2) Light Truck /SUV /Pickup: MDT 3) Passenger Vehicle: Passenger Car, LDT1, LDT2 4) Transit Bus: Urban Bus (UB), School Bus (SB) 5) Motorcycle: Motorcycle (MC) For each of the five vehicle classes above, a weighted average was calculated using the EMFAC coefficients and their portion of total vehicle miles traveled. WASTE The methane commitment method embedded in CACP2009 is based on the EPA's Waste Reduction Model (WARM) model for calculating life cycle emissions from waste generated within the jurisdictional boundary of the city in 2005. The analysis does not use the waste -in- place method, which calculates emissions from all waste generated in 2005 and all waste already existing in the landfill before the baseline year. The waste sector only takes into account the waste sent to landfills from city residents, businesses, and institutions. It does not calculate emissions from the total amount of waste sent to county landfills (Paso Robles, Cold Canyon, and Chicago Grade) in 2005 since those landfills accept waste from the unincorporated county and incorporated cities. Solid waste tonnage data per jurisdiction was provided by: • "2005 Disposal Report" by quarter, prepared by the San Luis Obispo Integrated Waste Management Board on 3/6/06. Document provided by Peter Cron, San Luis Obispo County Integrated Waste Management Authority (peron @iwma.com). Since the composition of waste sent to landfill in 2005 is unknown for the city, the following statewide average waste composition study was utilized: • - City of Arroyo Grande Agenda Item II.b. Page 90 • CIWMB 2004 Statewide Waste Characterization Study, http://www.ciwmb.ca.gov/Publications/defauIt.asp?pubid=1 097. The waste characterization study's distribution of waste by type was then converted into the five categories included in the CACP2009 software, which resulted in the following waste characterization: • Paper products: 20.5% • Wood /textiles: 19.2% • Food waste: 12.0% • All other waste: 39.0% • Plant debris: 9.3% The CACP2009 software does not have the ability to assign an individual methane recovery factor to each landfill; therefore, we took a weighted average (60 %) based on the portion of waste in each landfill. The methane recovery factors of the landfills are well documented by the San Luis Obispo Air Pollution Control District based on the system operations at that time. Table 8 includes the methane recovery factors for the Chicago Grade and Cold Canyon landfills. Other — Off -Road Agricultural Equipment Off -road agricultural equipment emissions were calculated using the OFFROAD2007 modeling software developed by the California Air Resources Board. The tool calculates total emissions City of Arroyo Grande ' . • - • Agenda Item 11.b. Page 91 per off -road category per emission type (CH N CO etc) for the entire county, including incorporated and unincorporated areas. To separate the aggregate 2005 emissions outputs for off -road agricultural equipment in the city, we used agriculture and crop GIS shape files provided by San Luis Obispo County. These shape files were clipped with the jurisdictional boundaries within the county by PMC to yield the following results: The OFFROAD software calculates emissions from other sources of off -road equipment as well, including recreational vehicles and watercrafts, however these emissions were not included because there was no feasible methodology for separating these emissions per jurisdiction within the county. Population is proven to not be an accurate indicator of consumption rates. To remain consistent with protocol and practice, emissions must be separated in a spatial manner, similar to how highway emissions are determined by road segment length within each jurisdiction. It should also be noted that many location- sources of off -road emissions, such as recreational vehicle emissions, occur in state parks or beaches outside of the jurisdiction of each city or the county. • - City of Arroyo Grande Agenda Item II.b. Page 92 2020 AND 2025 FORECAST The 2020 and 2025 forecasts calculate business -as -usual growth based on population, job, and household growth rates. Employment and population baseline data was obtained from the San Luis Obispo Council of Governments report, "Long Range Socio- Economic Projections (Year 2030)" prepared by Economic Research Associates (ERA) in May 2006, Revised July 2006. Employment and population projections were obtained from the May 2009 revision. Mid -range estimates of growth were used in both instances (Figures ES -5 and 6 -1). It should be noted that these forecasts do not take into consideration any planned or actual efficiency or conservation measures after 2005. For example, the State Renewable Energy portfolio has advanced significantly since 2005, but the forecast calculates 2020 energy emissions by assuming constant emissions factors. City of Arroyo Grande ' . • - Agenda Item 11.b. Page 93 Agenda Item II.b. Page 94 APPENDIX D: DETAILED METHODOLOGY FOR CITY GOVERNMENT OPERATIONS INVENTORY Agenda Item II.b. Page 96 Detailed Methodology for Government Operations GHG Emissions Inventory The detailed methodology for government operations is much less complex than the community -wide methodology explanation. Since the government operations GHG emissions inventory is a facility -scale study, data records are much more reliable and consistent. In addition, the Local Government Operations Protocol provides us a verified guide for calculating emissions in each sector. BUILDING The building sector includes all emissions from natural gas and electricity consumed in City - owned and - operated facilities. The kWh of electricity and therms of natural gas were then entered into the CACP2009 software where they were converted to CO For a complete list of buildings included in this sector, please see the detailed CACP2009 report in Appendix B. The building sector used the PG &E verified Average Grid Electricity Set and the CEC Emission Factor for Natural Gas RCI Average Set, as defined in Appendix C. The analysis did not use the PG &E natural gas coefficient for the fuel CO set because natural gas comes entirely from the Southern California Gas Company. VEHICLE FLEET The vehicle fleet sector includes gasoline and diesel vehicles from the following City departments: • Building • Police • Fire • Public Works • Parks Gasoline and diesel consumption for calendar year 2007was obtained from fuel usage billing reports provided by the City Clerk and City Yard. Specific sources of data within each organization are outlined in the notes of Appendix B. For the vehicle fleet, we used the County EMFAC coefficients for gasoline and diesel described in Appendix C. These are weighted averages per multiple vehicle types in San Luis Obispo County. City of Arroyo Grande age EMPLOYEE COMMUTE Employees were surveyed in September 2009 using an online survey instrument. The questions, attached as Appendix E, asked employees about their current commuting patterns. Of those questions, we used the following for our analysis: • What is your approximate one -way distance to work (in miles)? Please indicate the most direct distance to work, discounting midway destinations that would be taken whether or not you drove to work each day (i.e. dropping off children at school). • Please indicate the type of transportation you take to work each day in your average work week. Please note that there are two types of carpooling. O Drive alone O Carpool with fellow City employees O Carpool with drivers not employed by the City O Vanpool • What type of vehicle do you drive? • What type of fuel does your vehicle use? O Public transit O Motorcycle O Bicycle O Walk O Telecommute O Other • If you carpool with fellow City employees, how many City employees ride with you? If you carpool with a different number each day, please indicate the average. Approximately 55 employees responded to the survey with usable information, meaning that all essential questions were answered. Answers with mileage left blank or with highly inconsistent data (example: saying they walked three days to work, biked two, and drove five) were omitted. In addition, if a respondent did not describe their "other" category of transportation, the entry was omitted. City of Arroyo Grande Agenda Item II.b. Page uts To perform this analysis, we took the following steps: 1) Separate entries by what type of vehicle they own and operate (compact, mid -size car, full -size car, small truck, medium -small truck, large truck, motorcycle or "don't drive "). Within each new group, separate the entries by diesel, gasoline or hybrid. 2) For each group of entries with the same vehicle type and technology, multiply the number of miles to work by 2 (to get round -trip estimate) and then by the number of "drive alone" days for each entry. Multiply the number of miles to work by the number of "`carpool" days (half of the `drive alone' emissions). Note: If a respondent entered that they motorcycle to work, but own a car as well, the motorcycle miles were moved to the motorcycle category. Adjust for hybrids (see below). 3) Add all miles per vehicle type and technology and multiply by 52.18 work weeks /year. 4) Calculate the multiplier to adjust survey response data to the entire 2005 employee population. In 2005, there were 105 employees. This number, divided by the 55 survey entries, gives us our multiplier of 1.909. 5) Multiply the mileage per vehicle per technology type by the multiplier. 6) Divide the number of hybrid miles by 3 and add the difference to the "passenger car" category. This is to account for the large increase in hybrid sales between 2005 and 2009. (Source: Hybridcars.com sales statistics.) 7) Manipulate the vehicle classes to fit the CACP2009 software categories. 8) Enter final miles into the CACP2009 software per vehicle type and fuel. City of Arroyo Grande Agenda Item II.b. Page The CACP2009 software does not provide a method of calculating emissions from hybrid cars. As a result, these emissions were divided by 2.20 based on the difference between average fuel economy of a 2005 Toyota Prius and the average fuel economy included in the 2005 SLO EMFAC data and then entered into the CACP2009 software under passenger vehicle (Source: www.fueleconomy.gov). STREETLIGHTS The City's Finance Department provided billing information for the electricity used to operate City streetlights and traffic signals. The total kWh were entered into the CACP2009 software using the verified PG &E Average Grid Electricity Set outlined in Appendix C. WATER/ SEWAGE This sector calculates emissions from energy consumption at City -owned and operated wastewater facilities. It does not calculate the total emissions from all water used or treated for the community. Doing so would be including emissions that are accounted for in another jurisdiction, which would cause double- counting. The City is largely not involved with the movement and treatment of water for its residents and businesses, which is why this sector appears insignificant. The City- operated facilities provide for a small part of the collection, treatment, disposal, and movement of water and wastewater within the city. This number does City of Arroyo Grande "0 not represent the total emissions from water and wastewater treatment, largely because the City is relies upon the South SLO County Sanitary District, a Joint Powers Authority (JPA), which manages water treatment for a number of communities. The Finance Department provided the electricity consumption for each of the water facilities outlined in Appendix B. These totals were entered into the CACP2009 software with the PG &E Average Grid Electricity Set outlined in Appendix C. WASTE South County Sanitary District reported solid waste tonnage produced by City operations. The City produced 4,160 tons of waste in 2005 that was sent to managed landfills. The waste composition was unknown for the County; therefore, the California averages provided by the 2004 California Integrated Waste Management Board Waste Characterization Report were used. A weighted average methane recovery factor of 60% was used in this analysis, as outlined in Appendix C. OTHER The other sector includes miscellaneous equipment used by Public Works, Parks and the Fire Department. Equipment included in these sectors is outlined in the detailed CACP2009 report notes in Appendix B. There is no automated calculation included in CACP2009 for these sources of emissions; therefore calculations were made outside of CACP2009 and entered into the "other" category. Data was given in gallons of fuel used per equipment type. Conversion factors of gallons to kg CO and grams N and CH were obtained from Table G.9 and G.12 of the California Local Government Operations Protocol (September 2008). • Small /large utility (gasoline) = 8.81 kg CO 0.22 g N and 0.50 g CI-14/gallon fuel; • Other large utility (diesel) = 10.15 kg CO 0.26 g N and 0.58 g CI-1 fuel. City of Arroyo Grande Agenda Item II.b. Page Agenda Item 11.b. Page 102 APPENDIX E: CITY EMPLOYEE COMMUTE SURVEY, 2009 Agenda Item 11.b. Page 104 City Employee Commute Survey, 2009 1) What is your approximate one -way distance to work (in miles)? Please indicate the most direct distance to work, discounting midway destinations that would be taken whether or not you drove to work each day (i.e. dropping off children at school). 2) Please indicate the type of transportation you take to work each day in your average work week. Please note that there are two types of carpooling. Drive alone Carpool with fellow City employees Carpool with other drivers not employed by the City Vanpool Public transit Motorcycle Bicycle Walk Telecommute Other 3) What type of vehicle do you drive? Day 1 Day 2 Day 3 Day 4 Day 5 1:1 1:1 1:1 El El El El El El El El El El El El 1:1 1:1 1:1 El El El El El El El El El El El El 1:1 1:1 1:1 El El El El El El El El El El El El 1:1 1:1 1:1 1:1 1:1 Ej Compact /Sub - Compact car (Civic, Corolla, Focus, Neon, Cavalier, Jetta or similar) Ej Mid -size car (Accord, Camry, Passat, Monte Carlo, Sable, Sebring or similar) Ej Full -size car (Impala, Intrepid, Taurus, Crown Victoria, Bonneville, Town Car or similar) E:1 Small Truck /SUV /Pickup (RAV4, Chev S10, Pickup (4 cylinder), PT Cruiser or similar) Ej Medium -Small Truck /SUV /Pickup (Minivan, Sonoma Pickup Truck or similar) Ej Medium -Large Truck /SUV /Pickup (Durango, Safari Cargo Van, Ford F150 or similar) Ej Large Truck /SUV /Pickup (Suburban, Expedition, Navigator, Ford E250/350/450 or similar) Ej Motorcycle E:1 I don't drive alone or drive a carpool City of Arroyo Grande "s 4) What type of fuel does your vehicle from question 3 use? Gasoline Diesel Biodiesel Hybrid Electric don't drive to work or drive a carpool Other (Specify): 5) If you carpool or vanpool with fellow City employees, home may City employees ride with you? If you carpool with a different number each day, please indicate the average. If "`not applicable please enter 99 0 ". Enter # of people: • - City of Arroyo Grande Agenda Item I I .b. I "s C ity o f Arroyo Grande Greenhouse Gas Emissions Inventory Ap 2, 2010 Background • Legislative History Executive order S-3- -By 2 020 reduce greenhouse gas emissions to 1990 levels -By 2 080 reduce greenhouse gas emission by 80% from 1 990 levels — Assembly BNII : T he California Global Warming Solutions Act ATTACHMENT 2 Overview Background Findings Forecast a Text steps Background IEI - Milestone Process ................................. Ca mr0imm L k Invan firni� sane ids :�bhsh Tarvrt . _ bi1,- M' =ai R M. A Propr #ss Acton PL.n fMvWR!erN Ctkrpa,. 1 Agenda Item 11.b. Page 107 Forecast & Deduction Targets MOM 4dhw r...t I Li,554 WAMtrrbWU CD * 3010; ILCIfOA M3m Mobt OV& ■ 3 N0 yybim 77 trk Arroyo ►Wwadero G � IO20; ii�tl m.OYt (;road* (2005 pop. is% b lk V 100:5 fn/ 7102 � 6N4NM X1 1 m [4,■ b4 b @Ww zM Pwyy*y WN nbptw wu bF =1 77,]4 "40" 2006 2 = M20 (mm pap. Forecasts Forecast 125.0W 1 aa,OW Findings cit of Chy of city or C ity I)f courdy of Arroyo Arroyo ►Wwadero G PMW SLO (;road* (2005 pop. Bch Rani (unWworp.) 16.369} (MM pal) {2M pap• (mm pap. ( 1 (methe tans pop. 20,040} 13,100) 27.W Per Capita 82"W a 95,548 176,234 44,019 155,105 1.SM,163 (MT CO2c) 0} 2020 aAU 116.556 227,847 49,001 199.349 1,893,184 FOtecag 20,7% T 29-2%1 19%j 29.8 T 26%1 (MT c02e) 2020wth 6207 449,799 34.966 131,840 1,280.239 45% 1 from 35,7%1 44,2%1 34.5561 44.6%1 401% 1 Bawkm BAU BAU BAU SAU BAU (MT CO2e} Forecast 125.0W 1 aa,OW Findings Next Steps 1 Set emission reduction targets 2 . C emissions re ductions from City programs and policies in place since 2005. 3 . Develop Climate Action Plan to ach reduction targets. z Agenda Item 11.b. Page 108 city of city Of City of Arroyo At umadero Pismo Beach Grande (2005 pop. 8,844) (2005 pop. {2005 PGP, 2 5,940) ) 16.369} Total Emissions (methe tans 64,677 96,549 176,234 O Per Capita Emissions 7.48 5.90 6.79 (metric tons 0} Next Steps 1 Set emission reduction targets 2 . C emissions re ductions from City programs and policies in place since 2005. 3 . Develop Climate Action Plan to ach reduction targets. z Agenda Item 11.b. Page 108